How Appealing



Friday, January 5, 2024

“Supreme Court to Hear Challenge to Idaho’s Strict Abortion Ban; The court also temporarily reinstated the state law, which the Biden administration said conflicts with a federal statute on emergency-room care”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court to decide if U.S. law requires some emergency room abortions; The Justice Department challenged an Idaho abortion ban, saying federal law requires emergency room doctors to perform abortions in some circumstances.”

Jess Bravin and Laura Kusisto of The Wall Street Journal report that “Supreme Court to Rule on Emergency Abortions; Justices will hear arguments on whether states can restrict Medicare-funded hospitals from providing an abortion to stabilize a patient.”

John Fritze of USA Today reports that “Supreme Court allows Idaho’s near-total abortion ban in emergency room in blow to Biden.”

And Stephen Dinan of The Washington Times reports that “Supreme Court sides with Idaho in challenge to state’s strict abortion law.”

Posted at 9:13 PM by Howard Bashman



“Why Trump can’t use the ‘idiot’ defense other Jan. 6 defendants often lean on; Capitol rioters and their lawyers often concede they were ‘gullible’ for believing 2020 election lies; Donald Trump’s lawyers have to argue his concerns were fact-based and reasonable”: Ryan J. Reilly of NBC News has this report.

Posted at 4:45 PM by Howard Bashman



“Trump Ballot Challenges Advance, Varying Widely in Strategy and Sophistication; Donald J. Trump’s eligibility for the presidential ballot has been challenged in more than 30 states, but only a handful of those cases have gained traction so far”: Jenna Russell, Nicholas Bogel-Burroughs, and Mitch Smith of The New York Times have this report.

Posted at 4:44 PM by Howard Bashman



“Michael Avenatti asks 2nd Circuit to dump conviction for cheating Stormy Daniels; The disbarred California attorney says his wire fraud and identity theft convictions should be reversed because of the trial judge’s ‘prejudicial’ instructions to jurors”: Josh Russell of Courthouse News Service has this report.

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 4:35 PM by Howard Bashman



“Idaho Can’t Enforce Abortion ‘Trafficking’ Ban During Appeal”: Mary Anne Pazanowski of Bloomberg Law has this report.

Posted at 4:15 PM by Howard Bashman



“Trump Hires Attorney Behind Texas Abortion Law for Supreme Court Ballot Fight; Jonathan Mitchell, ex-Texas solicitor general, hired by Trump; Backed $10,000 bounties at heart of state’s abortion law”: Erik Larson and Greg Stohr of Bloomberg News have this report.

Posted at 3:57 PM by Howard Bashman



“Florida abortion amendment gets enough signatures for 2024 ballot; The constitutional amendment still needs the approval of the Florida Supreme Court to qualify”: Romy Ellenbogen of The Tampa Bay Times has this report.

Posted at 1:48 PM by Howard Bashman



“Pa. Superior Court’s Next Leader Looks Ahead to Looming Challenges in Coming Years; ‘The other big challenge that I’m particularly attuned to is making sure that we are developing a lot of younger attorneys who are capable and proficient at oral argument,’ Lazarus said”: Aleeza Furman of The Legal Intelligencer has this report.

Posted at 1:42 PM by Howard Bashman



Thursday, January 4, 2024

“Dan Markel murder: Charlie Adelson files appeal of conviction, life sentence.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 10:07 PM by Howard Bashman



“A Solution to the Trump Ballot Conundrum: An 1869 case points the way for the U.S. Supreme Court.” Law professor Jed Rubenfeld will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:54 PM by Howard Bashman



“Trial Lawyers Are Wrecking the Bankruptcy System; Defendants and plaintiffs alike suffer from the abuse; The only beneficiaries are the plaintiffs’ attorneys”: David B. Rivkin Jr. and Lawrence A. Friedman will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:38 PM by Howard Bashman



“Colorado Supreme Court building remains indefinitely closed after armed man’s alleged break-in, rampage; It may be weeks before employees can return to work in the Ralph Carr Judicial Buiding’s office tower, according to the Colorado Judicial Department”: Jesse Paul of The Colorado Sun has this report.

Posted at 8:24 PM by Howard Bashman



“Arlen Specter Stumbles into Dream Role as Judiciary Committee Chairman; And vows no litmus test on Roe v. Wade”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 4:02 PM by Howard Bashman



“Elena Kagan For President of Harvard University; Kagan, the former Harvard Law School dean who now works in government, was once a finalist for the university president role; Is this her time to come home?” Jay Willis has this post at Balls and Strikes.

Posted at 4:00 PM by Howard Bashman



“In the Supreme Court’s hands: How will the justices rule on Trump’s ballot appeal? The stakes for this year’s election are enormous; So, too, are the potential pitfalls for the nation’s highest court.” John Fritze of USA Today has this report.

Posted at 1:52 PM by Howard Bashman



“Israel Supreme Court Delivers Setback to Campaign to Remove Checks on Netanyahu; The country’s Supreme Court ruled to postpone the adoption of a new law making it harder to designate a sitting prime minister unfit for office, a direct blow to Prime Minister Benjamin Netanyahu”: Talya Minsberg of The New York Times has this report.

Posted at 1:48 PM by Howard Bashman



“Texas, where women are less important than a fetus”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 1:46 PM by Howard Bashman



“No Top U.S. Government Official Earns Majority Job Approval; Justice Roberts tops U.S. officials in job approval ranking, at 48%; House Leader Jeffries and Secretary of State Blinken score nearly as high; Roberts’ and Fed Chair Powell’s ratings down the most since 2021”: Lydia Saad of Gallup has this report.

Posted at 1:44 PM by Howard Bashman



“NC chief justice quietly ousts top Republican appeals judge from leadership”: Kyle Ingram has this front page article in today’s edition of The News & Observer of Raleigh, North Carolina.

Posted at 9:52 AM by Howard Bashman



“Supreme Court’s treatment of Trump could play decisive role in 2024; As Trump’s many legal problems barrel toward 1 First Street, the presidential race hangs in the balance”: Kyle Cheney of Politico has this report.

Posted at 9:50 AM by Howard Bashman



“The Fifth Circuit just made it even more dangerous to be pregnant in a red state; The Trumpiest court in America just tried to neutralize a federal law requiring most hospitals to provide medically necessary abortions”: Ian Millhiser has this essay online at Vox.

And at his “One First” Substack site, Steve Vladeck has a post titled “EMTALA, Abortion, and the Court; The justices will soon have to resolve if (and when) federal law allows emergency room doctors to perform otherwise unlawful abortions — with implications that could go well beyond reproductive rights.”

Posted at 9:45 AM by Howard Bashman



Wednesday, January 3, 2024

“Trump Asks Supreme Court to Keep Him on Colorado Ballot; The petition came in response to a Colorado Supreme Court ruling that the former president had engaged in insurrection and was ineligible to hold office under the 14th Amendment”: Adam Liptak of The New York Times has this report.

Patrick Marley and Ann E. Marimow of The Washington Post report that “Trump asks Supreme Court to keep his name on Colorado ballot; The former president, who is the 2024 GOP frontrunner, is also appealing a Maine official’s decision to bar him from that state’s ballot.”

David G. Savage of The Los Angeles Times reports that “Trump asks U.S. Supreme Court to keep him on the ballot in Colorado.”

Jan Wolfe and Jess Bravin of The Wall Street Journal report that “Trump Asks Supreme Court to Overturn His Removal From Colorado Primary Ballot; Appeal was expected as states differ on whether 14th Amendment provision barring insurrectionists from federal office applies to former president.”

John Fritze and David Jackson of USA Today report that “Donald Trump appeals bombshell ruling disqualifying him from Colorado ballot to Supreme Court; The Supreme Court is likely to decide relatively quickly whether to hear the appeal challenging Colorado’s decision to disqualify Trump from the 2024 ballot.”

And Kyle Cheney, Zach Montellaro, and Josh Gerstein of Politico report that “Trump asks Supreme Court to keep him on Colorado ballot; The petition asks the justices to reverse last month’s decision from Colorado that deemed him ineligible to return to office under the 14th Amendment.”

You can view the petition for writ of certiorari at this link.

Posted at 9:50 PM by Howard Bashman



“This surprise argument could derail Trump’s effort to delay the Jan. 6 trial”: Columnist Harry Litman has this essay online at The Los Angeles Times.

Posted at 8:34 PM by Howard Bashman



“Ten Long-Shot Resolutions for a Less Shitty Legal System in 2024: John Roberts apparently has no idea what’s going on around him; We’re here to help.” Madiba K. Dennie has this post at Balls and Strikes.

Posted at 8:30 PM by Howard Bashman



“Trump built the Supreme Court’s conservative majority, but it doesn’t always rule in his favor; Trump appointed three justices, creating a rock-solid conservative majority, but since he left office the court has not been receptive to his claims”: Lawrence Hurley of NBC News has this report.

Posted at 4:03 PM by Howard Bashman