How Appealing



Friday, February 9, 2024

“A very un-Trumpy performance delivers for Trump at Supreme Court; Jonathan Mitchell’s argument to the justices had none of the bombast that other Trump lawyers often deploy”: Josh Gerstein of Politico has this report.

Posted at 9:40 PM by Howard Bashman



“The Supreme Court Ballot Case Made for Must-Hear TV; The live arguments gave audiences a rare chance to experience a Trump court case as it happened”: James Poniewozik of The New York Times has this Critic’s Notebook.

Posted at 9:33 PM by Howard Bashman



“Much unease in blue states as Supreme Court weighs the Trump ballot case”: Karin Brulliard, Ari Schneider, and Joanna Slater of The Washington Post have this report.

Posted at 9:30 PM by Howard Bashman



“UBS Loses to Whistleblower in Wide-Reaching Supreme Court Decision; A win for an analyst allegedly fired for protesting unethical requests will make it easier for whistleblowers to sue”: Richard Vanderford of The Wall Street Journal has this report.

Posted at 8:47 PM by Howard Bashman



“Oral Arguments in Trump v. Anderson Part II: Justice Jackson Gets ‘Office under the United States’; Justice Jackson explained that an ambiguous text should be interpreted in favor of expanding democracy; But Mitchell’s concern about Foreign Emoluments Clause ‘boomerang’ could have cut off a path of complete victory.” Josh Blackman has this post at “The Volokh Conspiracy,” along with a post titled “Oral Arguments in Trump v. Anderson Part III: Justice Kavanaugh Gets Griffin’s Case and Justice Barrett gets FedCourts; Why did Jonathan Mitchell not vigorously defend Griffin’s Case and Chief Justice Chase? And Mitchell missed Justice Barrett’s question about direct/collateral challenges due to his refusal to accept the sword-shield dichotomy.”

Posted at 6:02 PM by Howard Bashman



“What the Colorado Oral Argument Missed: The justices seem ready to leave the issue of Donald Trump’s eligibility up to Congress; Here’s why they shouldn’t.” Law professor Edward B. Foley has this essay online at The Atlantic.

Posted at 5:58 PM by Howard Bashman



“Trump’s Lawyer Leads With His Chin But Likely Wins Anyway”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 5:56 PM by Howard Bashman



“Some Impressions From Yesterday”: At “PrawfsBlawg,” Gerard Magliocca has a post that begins, “I was lucky to have a seat in the Court yesterday and wanted to share some thoughts while they are fresh.”

Posted at 5:55 PM by Howard Bashman



“Glastonbury Home Of Top Judge In George Washington’s Presidency Sells; One of Glastonbury’s most historic homes has sold”: Chris Dehnel, Northern Connecticut Editor at Patch, has this report.

Posted at 2:09 PM by Howard Bashman



“The Rise and Fall of Chevron: The changing fortunes of Chevron deference have more to do with jurisprudence than ideology or partisanship.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 1:37 PM by Howard Bashman



“Oral Arguments in Trump v. Anderson Part I: Justice Gorsuch Gets ‘Officers of the United States’; Justice Gorsuch demonstrates that he is the Court’s most careful, consistent textualist.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:34 PM by Howard Bashman



“The Supreme Court and the Risks of January 6, 2025: The Justices seem to want to avoid a major decision about whether Trump can serve as President — but if they do so they may set off a national crisis.” Law professor Jeannie Suk Gersen has this Daily Comment online at The New Yorker.

Posted at 1:32 PM by Howard Bashman



In Jurisprudence essays available online at Slate: Law professor Richard L. Hasen — founder of the “Election Law Blog” — has an essay titled “A Grand Bargain Is Emerging in the Supreme Court’s Trump Cases, but Chaos May Be Ahead.”

Dahlia Lithwick and Mark Joseph Stern have an essay titled “The Supreme Court Sure Picked a Curious Moment to Embrace Humility.”

And Mark Joseph Stern has an essay titled “Even Ketanji Brown Jackson Is Siding With Trump in the Supreme Court’s Ballot Case.”

Posted at 1:26 PM by Howard Bashman



“The Best Defense Is A Good Offense; White House applies lessons from Bork defeat”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:18 PM by Howard Bashman