How Appealing



Tuesday, February 13, 2024

“Ninth Circuit Gets Tangled Up in Minimum Contacts and Due Process”: Ingrid (Wuerth) Brunk has this post at the “Transnational Litigation Blog.”

Posted at 11:17 AM by Howard Bashman



Monday, February 12, 2024

“Judge sets trial date for Donna Adelson in 2014 murder of Dan Markel”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 10:49 PM by Howard Bashman



“A Fifth Circuit immigration order lays bare a conservative divide on the appeals court; It’s ‘mad vibes’ judges v. legal conservatives in a sign of just how far right the federal appeals court has gone that covers Louisiana, Mississippi, and Texas”: Chris Geidner has this post at his Substack site about an order, and the opinions concurring therein and dissenting therefrom, that the en banc U.S. Court of Appeals for the Fifth Circuit issued late Friday night denying Texas’ emergency motion to stay trial proceedings pending en banc review.

Posted at 9:48 PM by Howard Bashman



“Military Judge to Rule on C.I.A. Torture Program in Sept. 11 Case; Lawyers argued over the rare legal doctrine in an effort to dismiss the case at the start of pretrial hearings in the Sept. 11 case at Guantánamo Bay”: Carol Rosenberg of The New York Times has this report.

Posted at 9:40 PM by Howard Bashman



“Hours After Trump Argument, Cautious Reflections From Justice Kagan; The justice took part in a public conversation on the afternoon of a Supreme Court hearing about whether the former president may hold office again”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

C-SPAN has posted the video of the interview online at this link.

Posted at 5:08 PM by Howard Bashman



True confession: As you may suspect, I don’t have time to listen to every single moment of every single podcast that I link to on here. Indeed, only this week, thanks to The New Yorker’s recent profile of Sarah Isgur of the “Advisory Opinions” podcast, did I learn of and thus get to listen to an episode of that podcast titled “Lisa, Sarah, and Sarah (and David)” that was released way back on October 5, 2023.

The episode featured as guests Lisa S. Blatt and Sarah M. Harris and was very much worth a listen.

Posted at 5:00 PM by Howard Bashman



“The Legal Coup: New Documents Reveal How Trump Lawyers Sought ‘Chaos’ to Force SCOTUS, or Whoever Else, to Anoint Trump.” Josh Kovensky of Talking Points Memo has this report.

Posted at 4:52 PM by Howard Bashman



“Texas conservatives test how far they can extend abortion and gender-transition restrictions beyond state lines; Recent state and local legal maneuvers signal that Texas’ conservative movement could be wading into a complicated constitutional morass the country hasn’t dealt with since before the Civil War”: Eleanor Klibanoff and William Melhado of The Texas Tribune have this report.

Posted at 4:50 PM by Howard Bashman



“Trump Asks Supreme Court to Intervene Over Claim of Absolute Immunity; After a federal appeals court rejected his arguments for criminal immunity, the former president asked the justices to pause the ruling while he pursues an appeal”: Adam Liptak and Abbie VanSickle of The New York Times have this report.

Posted at 4:45 PM by Howard Bashman



Sunday, February 11, 2024

“Judicial Notice (02.10.24): No Country For Old Men (Or Women); Rob Hur clears the ‘elderly’ Joe Biden, Judge Newman suffers a setback, Biglaw plays the heavy for T-Swift, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 6:02 PM by Howard Bashman



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



Thursday, February 8, 2024

“Fewer cases and increased division: Canada’s Supreme Court is flashing warning signs; Some in the legal community are concerned that parts of Canadian law aren’t keeping up with changing times.” Christopher Nardi of National Post has this report.

Posted at 11:38 PM by Howard Bashman



“Interview With Justice Kagan: Supreme Court Justice Elena Kagan was interviewed by federal Judge Jeffrey Sutton as part of the 2024 Supreme Court Fellows Program, at the Library of Congress in Washington, DC.” C-SPAN has posted the video from this afternoon’s event at this link.

Posted at 11:36 PM by Howard Bashman



“Sarah Isgur’s Majority Report: On ‘Advisory Opinions,’ the lawyer and former Trump Administration spokesperson argues that the Supreme Court is good, even — or especially — in its current incarnation.” Kelefa Sanneh has this article online at The New Yorker.

Posted at 11:35 PM by Howard Bashman



“Hawaii top court upholds gun laws, criticizes US Supreme Court; Hawaii Supreme Court says it disagrees with U.S. Supreme Court’s Second Amendment rulings; Court upholds laws barring carrying guns in public without a license”: Nate Raymond of Reuters has this report.

Bernie Pazanowski of Bloomberg Law reports that “Hawai’i Supreme Court Says No Right to Bear Arms in Public; Says Bruen is dangerous way to look at US Constitution; Life ‘is a bit different now’ than 1791 or 1868, court says.”

And Jennifer Sinco Kelleher of The Associated Press reports that “Hawaii’s high court cites ‘The Wire’ in rebuke of US Supreme Court decision that expanded gun rights.”

You can access yesterday’s ruling of the Supreme Court of Hawaii at this link.

Posted at 10:33 PM by Howard Bashman



“Lawyers for student barred from wearing shirt to school that said ‘there are only two genders’ argue before Boston appeals court”: Travis Andersen of The Boston Globe has this report.

Nate Raymond of Reuters reports that “Massachusetts student fights ‘two genders’ shirt ban in US appeals court.”

And Eric Heisig and Allie Reed of Bloomberg Law report that “Appeals Court Ponders Limits in ‘Two Genders’ T-Shirt Case; Twelve-year-old prevented from wearing shirt in school; School district claims it needed to protect LGBTQ+ students.”

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

Posted at 10:18 PM by Howard Bashman



“US Supreme Court Buttresses Whistleblower Law in Defeat for UBS; Court reinstates $900,000 verdict won by fired UBS employee; Whistleblowers don’t need to prove intentional retaliation”: Greg Stohr of Bloomberg News has this report on a decision that the U.S. Supreme Court issued today.

Posted at 10:11 PM by Howard Bashman



“Massachusetts Governor Raises Eyebrows by Naming Ex to Top Court; Gabrielle Wolohojian nominated to Massachusetts’ highest court; Nominee dated Gov. Maura Healey (D) for many years”: Allie Reed of Bloomberg Law has this report.

Posted at 10:05 PM by Howard Bashman



“Further Thoughts About Missouri’s COVID Suit Against China”: William S. Dodge has this post at the “Transnational Litigation Blog.”

Posted at 9:54 PM by Howard Bashman