How Appealing



Friday, February 2, 2024

“Gov. Lee picks Memphis judge Mary Wagner for upcoming Tennessee Supreme Court vacancy”: Evan Mealins of The Tennessean has this report.

Posted at 9:48 PM by Howard Bashman



“The Migrant Standoff in Eagle Pass, Texas: When President Biden and Gov. Abbott clash, the Constitution is clear who must yield at the border.” This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 9:24 PM by Howard Bashman



“Thoughts on the Declining Numbers of SCOTUS Clerks Becoming Law Professors; One track became two”: Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 9:02 PM by Howard Bashman



“What Senate Democrats Still Don’t Understand About Judicial Confirmation Fights; Voters entrusted Democrats with the power to confirm federal judges; Why are they ceding that power to Republicans?” Jay Willis has this post at Balls and Strikes.

Posted at 8:52 PM by Howard Bashman



“Trump’s critics hope that Antonin Scalia can sway the Supreme Court in 14th Amendment fight”: John Fritze, now with CNN, has this report.

Posted at 8:33 PM by Howard Bashman



“How lawyers in the Trump ballot case are training for the Supreme Court arguments”: Joan Biskupic of CNN has this news analysis.

Posted at 8:32 PM by Howard Bashman



“Did Trump commit insurrection on Jan. 6? The Supreme Court could decide. The court is likely to rule on whether the former president is eligible for the presidency under the 14th Amendment, after Colorado’s Supreme Court said he is an insurrectionist.” Patrick Marley of The Washington Post has this report.

Posted at 8:24 PM by Howard Bashman



“Trump v. Anderson: the election law case that wasn’t (but might be).” Derek Muller has this post at the “Election Law Blog.”

Posted at 8:17 PM by Howard Bashman



“Idaho Abortion ‘Trafficking’ Law Remains Halted During Appeal; Law prohibits conduct intended to help minor to end pregnancy; Trial judge said it likely violates abortion advocates’ rights”: Mary Anne Pazanowski of Bloomberg Law has this report (subscription required for full access).

Posted at 5:40 PM by Howard Bashman



“Fifteen Questions: Jeannie Suk Gersen on Free Speech, Fast Fashion, and Getting Over Yourself.” Jem K. Williams has this interview online at The Harvard Crimson.

Posted at 5:34 PM by Howard Bashman



“Justice Misses Half of Texas Supreme Court Arguments to Campaign; Justice John Devine absent for 28 of 50 cases this term; Says he watches arguments later, campaigning part of job”: Ryan Autullo of Bloomberg Law has this report.

Posted at 5:30 PM by Howard Bashman



“Supreme Court Faces ‘Another Blockbuster Term’ After Slow Start; Over the past four months, a term that early on resembled plain vanilla in the public psyche has become rocky road”: Jimmy Hoover of The National Law Journal has this report.

Posted at 5:20 PM by Howard Bashman



“US court to hear JetBlue, Spirit appeal over blocked merger in June”: Nate Raymond and David Shepardson of Reuters have this report.

Posted at 5:13 PM by Howard Bashman



“Judge Scraps Trial Date for Trump Election Subversion Case; Judge Tanya Chutkan removed the planned March 4 start for the trial from her calendar, formalizing a delay that had become increasingly likely in recent weeks; It remains unclear when the trial might start”: Alan Feuer of The New York Times has this report.

Spencer S. Hsu and Rachel Weiner of The Washington Post report that “Trump’s D.C. trial removed from March calendar, clearing way for N.Y. case; Administrative move comes as anticipation mounts over how — and when — an appeals court will decide former president’s claim of immunity from criminal prosecution.”

And in commentary, online at The Washington Post, Ruth Marcus has an essay titled “Slowpoke federal appeals court puts 2024 election in jeopardy.”

Posted at 4:37 PM by Howard Bashman



“A Scalia dissent is now driving the Texas-Biden dispute over illegal immigration”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:22 AM by Howard Bashman



Today is exactly 20 years since I launched my solo appellate practice: I offer my heartfelt thanks to all who have turned to me for appellate assistance during that time, and in particular to those law firms that have turned to me again and again when an important case of theirs is heading to appeal.

The year 2023 was particularly memorable for me, as I briefed, argued, and won two of the most significant plaintiff-side appellate victories in years at the Pa. Supreme Court (arguing them nearly back-to-back on the very same day), and I also had my first U.S. Supreme Court oral argument thanks to a resourceful and knowledgeable client who decided to stick with me over all of the other available options.

Speaking of anniversaries, in May 2024 this blog will celebrate its 22-year anniversary. Thanks to everyone for reading!

Posted at 8:45 AM by Howard Bashman