How Appealing



Thursday, February 29, 2024

“Federal court lets Indiana ban on gender-affirming care for minors take effect”: Caroline Beck of The Indianapolis Star has this report.

And at his Substack site, Chris Geidner has a post titled “Seventh Circuit restricts trans minors’ rights in Indiana without a word explaining why; The appeals court allowed Indiana’s law banning gender-affirming medical care for minors to go into effect for the first time Tuesday in an unusual, questionable order.”

Posted at 11:50 PM by Howard Bashman



“Why the Supreme Court Had to Hear Trump’s Case; The D.C. Circuit’s ruling was so sweeping that it posed a danger to our constitutional democracy”: David B. Rivkin Jr. and law professor Elizabeth Price Foley will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 11:42 PM by Howard Bashman



“The Four Internet Analogies of the Apocalypse: How the Supreme Court in the Netchoice oral arguments got snagged on the most basic problem in the history of the Internet, and what that reveals about how they should rule.” Kate Klonick has this post at her Substack site, “The Klonickles.”

Posted at 8:30 PM by Howard Bashman



“Supreme Court Appears Split Over Ban on Bump Stocks Enacted Under Trump; In a wide-ranging argument, the justices wrestled with the mechanics of gun triggers and the larger implications of the ban both for bump stock owners and the public”: Abbie VanSickle of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court divided over gun-rights challenge to Trump bump stock ban; While some conservatives were skeptical, Justice Ketanji Brown Jackson called bump stocks ‘the kind of weapons Congress was intending to prohibit because of the damage they cause.’

David G. Savage of The Los Angeles Times reports that “Supreme Court appears to favor upholding ban on rapid-fire bump stocks.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Considers Ban on Bump-Stock Firearm Devices; Trump-era decision classified devices as machine guns after Las Vegas massacre.”

Maureen Groppe of USA Today has an article headlined “‘Functioning like a machine gun’? Supreme Court debates whether bump stocks are illegal; ‘You have to apply a little bit of common sense,’ said Justice Elena Kagan, who used to go hunting with the late Justice Antonin Scalia; Justice Sonia Sotomayer was piqued by an ‘arthritis’ defense.”

Alex Swoyer of The Washington Times reports that “Supreme Court grapples with machine gun function versus bump stocks in battle over ban.”

And in commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Amy Coney Barrett Gets to Decide If Machine Guns Are Actually Legal; The Supreme Court is looking at the bump stocks that caused the Las Vegas music festival shooting to be so deadly.”

Posted at 12:24 PM by Howard Bashman



“The Insignificance of Trump’s ‘Immunity from Prosecution’ Argument: If and when the Supreme Court decides to hear the case, the stakes will be far less momentous than many observers might assume, because the answer to the immunity question matters very little for Trump’s prosecution.” Marty Lederman had this pre-cert. grant post at the “Lawfare” blog.

And online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “The Supreme Court Just Gave Trump Exactly What He Wanted; In a stunning move, the justices all but guaranteed that the former president will evade trial before November.”

Posted at 12:12 PM by Howard Bashman



“‘One More Stressor’: Three Circuits Keep Panels Secret Until Argument Day; Some appellate attorneys want the Fourth, Seventh and Federal circuits to join the other federal appeals courts in giving more than same-day notice of the judges who will hear their case.” Avalon Zoppo of The National Law Journal has this report.

Posted at 12:06 PM by Howard Bashman



“Let Crystal Clanton Move On; Democrats are taking the wrong lesson from this”: Law professor Steven Lubet has this Jurisprudence essay online at Slate.

At Balls and Strikes, Madiba K. Dennie has an essay titled “Clarence Thomas’s Own-the-Libs Stunt Will Make People’s Lives Worse; How is a Black person supposed to trust a Supreme Court that hires open bigots to write the first draft of constitutional law?

And at “Dorf on Law,” Eric Segall has a blog post titled “Justice Thomas and Race: Making Life Harder for People of Color One Case at a Time.”

Posted at 11:58 AM by Howard Bashman



“Pa. High Court Cleared Up a Big Strict Products Liability Law Question in ‘Sullivan’”: Jeffrey F. Laffey has this essay online at The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Posted at 11:44 AM by Howard Bashman



“Philly saw a surge in medical malpractice filings after Pa. change on court location rules; A new system of medical malpractice case management, designed to get through a pandemic backlog, is helping it get through cases more quickly”: Harold Brubaker of The Philadelphia Inquirer has this report.

Posted at 11:35 AM by Howard Bashman



Wednesday, February 28, 2024

“Why Did the Supreme Court Wait So Long to Decide to Set the Trump Criminal Immunity Case for Full Hearing and Argument? It Likely Means No Trial for Trump on Election Subversion Before the Election.” Rick Hasen has this post at his “Election Law Blog.”

Posted at 8:40 PM by Howard Bashman



“Supreme Court Agrees to Hear Trump’s Immunity Claim, Setting Arguments for April; The former president’s trial on charges of plotting to subvert the 2020 election will remain on hold while the justices consider the matter”: Adam Liptak of The New York Times has this report.

Posted at 8:38 PM by Howard Bashman



Tuesday, February 27, 2024

“Supreme Court Clerk Hiring Watch: Is October Term 2024 Full Up? Plus a record high for SCOTUS clerk signing bonuses, and fun facts tied to Notre Dame — go Irish!” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:58 PM by Howard Bashman



“Conservatives have won the debate about courts, and liberals know it”: Columnist Ramesh Ponnuru has this essay online at The Washington Post.

Posted at 6:56 AM by Howard Bashman



“The ‘Cruel and Unusual Punishment’ of America’s Cities: Martin v. Boise is an abomination that has wreaked havoc on cities across the Ninth Circuit.” Mark Pulliam has this post at the “Law & Liberty” blog.

Posted at 6:54 AM by Howard Bashman



“They’re always guilty . . . or are they? The deceptively simple case of Diaz v. United States.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 6:43 AM by Howard Bashman



Monday, February 26, 2024

“Brett Kavanaugh — Yes, Really — Just Stood Up For the Internet as We Know It: Florida and Texas think they can insist that the First Amendment does not apply to private companies.” Mark Joseph Stern has this Jurisprudence essay online at Slate.

Posted at 11:58 PM by Howard Bashman



“Supreme Court Seems Wary of State Laws Regulating Social Media Platforms; The tech industry argues that laws in Florida and Texas, prompted by conservative complaints about censorship, violate the First Amendment; The court’s decision could fundamentally alter the nature of speech on the internet”: Adam Liptak of The New York Times has this report.

Ann E. Marimow and Cat Zakrzewski of The Washington Post report that “Justices skeptical of Tex., Fla. laws that bar platforms from deleting content.”

David G. Savage of The Los Angeles Times reports that “Supreme Court questions whether Texas and Florida can regulate social media to ‘protect’ speech.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Questions State Efforts to Regulate Social-Media Content; Justices weigh Florida, Texas laws that limit platforms’ ability to moderate posts.”

Maureen Groppe of USA Today reports that “Supreme Court sounds skeptical of controversial laws to regulate social media companies.”

And Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court digs into Big Tech censorship and First Amendment.”

Posted at 11:48 PM by Howard Bashman



“68. ‘Original’ Writs of Habeas Corpus: A new opinion by Justice Sotomayor highlights one of the Court’s more obscure powers—and the serious constitutional question that could arise from the justices’ unwillingness to ever use it.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 1:05 PM by Howard Bashman



“Machine gun or firearm toy? Bump stock creator speaks out ahead of Supreme Court hearing on ban. The fate of the controversial accessory will be decided by the justices.” Devin Dwyer, Patty See, and Bobby Gehlen of ABC News have this report.

Posted at 12:42 PM by Howard Bashman



“Social media cases head to SCOTUS — but conservatives may have already won; Two major cases deal with GOP laws aiming to force Big Tech to carry all users’ viewpoints”: Rebecca Kern of Politico has this report.

Posted at 12:36 PM by Howard Bashman



“A Conservative Judge’s Critique of the Supreme Court’s Reliance on Tradition; In remarks at Harvard, Judge Kevin C. Newsom said the justices had strayed from originalism in parts of their blockbuster opinions on abortion and guns”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:15 PM by Howard Bashman



Sunday, February 25, 2024

“Supreme Court to Decide How the First Amendment Applies to Social Media; Challenges to laws in Florida and Texas meant to protect conservative viewpoints are likely to yield a major constitutional ruling on tech platforms’ free speech rights”: Adam Liptak of The New York Times has this report.

Cat Zakrzewski and Ann E. Marimow of The Washington Post report that “Supreme Court to decide if states can control fate of social media; As a ‘splinternet’ emerges in the United States, the high court will decide if the First Amendment blocks a pair of laws that tackle conservatives’ allegations of Big Tech censorship.”

Jess Bravin of The Wall Street Journal reports that “First Amendment Fight Pits Red States Against Big Tech at Supreme Court; Texas, Florida passed laws requiring social-media platforms to post nearly everything users have to say.”

And Maureen Groppe of USA Today has an article headlined “Supreme Court readies for major social media free speech battle: Here are the stakes; Whether states can limit the ability of social media giants to moderate content could turn on if Facebook is more like a newspaper or a telephone.”

Posted at 11:57 PM by Howard Bashman



“Planned Parenthood asks Wisconsin Supreme Court to find 1849 abortion law unconstitutional”: Todd Richmond of The Associated Press has this report.

Posted at 11:54 PM by Howard Bashman



“The Curious Case of the Mildly Annoyed Judge; Legal journalists often identify the party affiliation of a federal judge’s appointing president; Not everyone is thrilled about this”: Jay Willis has this essay online at Balls and Strikes.

Posted at 11:53 PM by Howard Bashman



“How the reversal of Roe v. Wade led to the Alabama Supreme Court ruling that frozen embryos are children”: Jacqueline Howard of CNN has this report.

Posted at 11:52 PM by Howard Bashman



“Supreme Court offers possible road map for schools to diversify top programs; Considering race is not allowed, but court signals that socioeconomic factors are acceptable”: Laura Meckler and Karina Elwood of The Washington Post have this report.

And Bianca Quilantan of Politico reports that “Thomas Jefferson high school escaped the Supreme Court — and others are eager to follow; Everything from ZIP code-center recruiting to dropping application fees is being used to replace metrics explicitly about an applicant’s race.”

Posted at 11:50 PM by Howard Bashman