How Appealing



Wednesday, January 17, 2024

“Supreme Court lets win stand for trans student in Indiana bathroom ban case; The order puts off Supreme Court review of the legality of such bans across the country”: Chris Geidner has this post at his Substack site.

Posted at 9:55 AM by Howard Bashman



“Supreme Court weighs conservative plea to weaken federal agencies; The dispute arising from a fisheries regulation is the latest attack on the federal bureaucracy as part of what has been called a war on the administrative state”: Lawrence Hurley of NBC News has this report.

Posted at 9:50 AM by Howard Bashman



Tuesday, January 16, 2024

“Chevron Deference Is a Case of Too Much Judicial Restraint; The precedent strips judges and lawmakers of legitimate power and hands it to bureaucrats”: David B. Rivkin Jr. and Andrew M. Grossman will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:27 PM by Howard Bashman



“It ain’t over ’til it’s over: Why the order granting intervention in the mifepristone case is wrong.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 5:02 PM by Howard Bashman



“Full U.S. appeals court to consider Maryland assault weapons ban; 4th Circuit to hear three Second Amendment cases en banc in March; Cases include two challenges to Maryland gun control laws”: Nate Raymond of Reuters has this report.

Posted at 4:55 PM by Howard Bashman



“Why Right-Wing Activists Have Strong Opinions About the Supreme Court’s Big Fishing Regulations Case; No matter their pet project, conservative organizations have a powerful mutual interest in upending the way modern government works”: Madiba K. Dennie has this post at Balls and Strikes.

Posted at 4:54 PM by Howard Bashman



“Going Postal: Judge Mizelle Acting Very, Very Badly (Again) in Huge Second Amendment Case.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 4:32 PM by Howard Bashman



“Dealing with the Pennsylvania Supreme Court’s Non-Decision on Standards Compliance Evidence”: James M. Beck has this post at the “Drug & Device Law” blog.

Posted at 4:23 PM by Howard Bashman



“Enforcing the Law to Disqualify a Violent Insurrectionist Is Good, Actually; The Fourteenth Amendment includes a very specific prescription for people who engage in political violence; Why are so many pundits straining to find a workaround?” Michael Liroff has this post at Balls and Strikes.

Posted at 4:15 PM by Howard Bashman



“The U.S. Lacks What Every Democracy Needs”: Online at The New York Times, law professor Richard L. Hasen — founder of the “Election Law Blog” — has a guest essay that begins, “The history of voting in the United States shows the high cost of living with an old Constitution, unevenly enforced by a reluctant Supreme Court.”

Posted at 2:01 PM by Howard Bashman



“A little fish at the Supreme Court could take a big bite out of regulatory power”: Mark Sherman of The Associated Press has this report.

Jennifer A Dlouhy and Greg Stohr of Bloomberg News report that “Supreme Court Fishing Case May Hobble Agency Power on Climate to Crypto; Justices to consider shrinking agency leeway over unclear laws; Regulating new industries, issues may be among most difficult.”

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Pro-Business Supreme Court to Be Tested in Regulatory Showdown; Justices consider overturning 40-year-old ruling on agency power; Cases highlight complexity behind court’s pro-business reputation.”

And Michael Macagnone of Roll Call reports that “Supreme Court to hear arguments on landmark regulatory doctrine; Justices could overturn nearly 40-year-old decision that gave deference to agency interpretations of ambiguous laws.”

Posted at 1:57 PM by Howard Bashman



“A Potentially Huge Supreme Court Case Has a Hidden Conservative Backer; The case, to be argued by lawyers linked to the petrochemicals billionaire Charles Koch, could sharply curtail the government’s regulatory authority”: Hiroko Tabuchi of The New York Times has this report.

Posted at 1:28 PM by Howard Bashman



Monday, January 15, 2024

“The Case for the Supreme Court to Overturn Chevron Deference; A 40-year-old judicial doctrine has become a license for regulators to grab power from Congress”: This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 8:37 PM by Howard Bashman



“Dozens of GOP lawmakers back NRA in free speech challenge at Supreme Court”: Alex Swoyer of The Washington Times has this report.

Posted at 1:14 PM by Howard Bashman



“DEI opponents are using a 1866 Civil Rights law to challenge equity policies in the workplace”: Anne D’Innocenzio and Alexandra Olson of The Associated Press have this report.

Posted at 1:12 PM by Howard Bashman



“The supreme court now serves the billionaire donor class — let’s rein it in”: Martin Luther King III and Arndrea Waters King have this essay online at The Guardian.

Posted at 1:09 PM by Howard Bashman



“A Fight Over a Fishing Regulation Could Help Tear Down the Administrative State; The Supreme Court will hear arguments on Wednesday over whether to overturn a key precedent on the power of executive agencies”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “This humble fish may help the Supreme Court weaken the ‘administrative state.’”

John Fritze and Maureen Groppe of USA Today report that “A group of herring fishermen may put a hook in the Biden administration’s power; A years-long battle between four fishing companies and the federal government arrives at the Supreme Court this week; It could be the most significant case the justices decide this year.”

John Kruzel of Reuters reports that “US Supreme Court to review federal agency powers in fishing dispute.”

And Rachel Frazin and Zach Schonfeld of The Hill report that “Supreme Court set for pivotal cases that could claw back federal administrative power.”

Posted at 1:07 PM by Howard Bashman



“A Death Row Lawyer Blunders. Must His Client Pay the Price? The Supreme Court will consider whether to hear an appeal from an inmate who says his lawyer filed shoddy papers, including a brief saying the inmate must lose.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:56 PM by Howard Bashman



“Trump Trials Heighten Security Risks for Vulnerable Judiciary; Courts face unique challenges protecting Trump at trials; Judges overseeing Trump cases targeted by threats”: Suzanne Monyak of Bloomberg Law has this report.

Posted at 12:38 PM by Howard Bashman



In the January 22, 2024 issue of The New Yorker: Louis Menand has an A Critic at Large essay titled “Is A.I. the Death of I.P.? Generative A.I. is the latest in a long line of innovations to put pressure on our already dysfunctional copyright system.”

Rivka Galchen has a Books essay titled “Trials of the Witchy Women; Across seven centuries, women have been accused of witchcraft — but what that means often differs wildly, revealing the anxieties of each particular society.”

In the Talk of the Town section, Jelani Cobb has a Comment titled “Why are Republicans Still Debating Slavery and Insurrection? The radical Republican leaders who lived through the Civil War understood a principle that has been lost on their successors.”

And Adlan Jackson has an item titled “A Facial-Recognition Tour of New York: Kashmir Hill, the author of ‘Your Face Belongs to Us,’ stops by New York businesses that harvest and use visitors’ biometric data — but can she make it into M.S.G.?“

Posted at 10:27 AM by Howard Bashman



“The Legality of Presidents Doing Whatever They Want”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 10:18 AM by Howard Bashman



“Clarence Thomas and Me: To speak as a black man at odds with the consensus of other blacks can be burdensome — and liberating.” Glenn C. Loury has this article in the Winter 2024 issue of City Journal.

Posted at 10:10 AM by Howard Bashman



Sunday, January 14, 2024

“3 migrants drown after Texas blocks feds from part of Rio Grande, DHS says; On Saturday, the bodies of a woman and two children were found in the river by Mexican authorities, U.S. officials said”: Maham Javaid and Arelis R. Hernández of The Washington Post have this report.

Posted at 10:03 PM by Howard Bashman



“Is There a Constitutional Right to Vagrancy? The Supreme Court will consider if cities can enforce public order.” This editorial appeared in yesterday’s edition of The Wall Street Journal.

Posted at 9:34 PM by Howard Bashman



“Judicial Notice (01.13.24): In The Hot Seat; Fani Willis in trouble, Davis Polk on trial, updates on federal judicial nominations, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:30 PM by Howard Bashman



“Drugmaker can be held responsible for delaying HIV treatment rollout, court rules”: Bob Egelko of The San Francisco Chronicle has this report.

The Wall Street Journal has published an editorial titled “California Invents a Crazy New Tort; Golden State judges rule that Gilead can be sued for taking too long to develop an HIV drug.”

And at the “Drug & Device Law” blog, Steven Boranian has a post titled “Life-Saving Drugs and Chicken Bones: California Court Expands Innovator Duties of Care.”

You can access last Tuesday’s ruling of the California Court of Appeal for the First Appellate District at this link.

Posted at 9:25 PM by Howard Bashman



Saturday, January 13, 2024