How Appealing



Saturday, February 3, 2024

“In today’s gun rights cases, historians are in hot demand. Here’s why.” Martin Kaste had this audio segment on today’s broadcast of NPR’s “Weekend Edition Saturday.”

Posted at 8:33 PM by Howard Bashman



“After Speedy Start, Appeals Court Slows Down on Trump Immunity Decision; The implications have started coming into focus with the scrapping of March 4 as the start date for the former president’s federal trial on charges of trying to overturn the 2020 election”: Alan Feuer and Charlie Savage of The New York Times have this report.

Posted at 8:20 PM by Howard Bashman



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



Thursday, February 1, 2024

“Rare Federal Circuit En Banc Patent Case Threatens Design Test; Court hasn’t decided design patent case en banc since 2008; LKQ takes on GM, ‘rigid’ test for axing obvious design patents”: Michael Shapiro of Bloomberg Law has this report.

Posted at 12:22 PM by Howard Bashman



“First Impressions Matter: George W. Bush’s selection of John Roberts is a model of good process.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 12:15 PM by Howard Bashman



“Republican lawsuits challenge mail ballot deadlines. Could they upend voting across the country?” Christine Fernando, Emily Wagster Pettus, and Jack Dura of The Associated Press have this report.

Posted at 12:11 PM by Howard Bashman



“U.S. to wrap security blanket around D.C. courthouse for Trump trial; Metal fencing could go up as soon as February for Trump’s potential March trial; It will be reminiscent of police barricades erected around the U.S. Capitol before and after the Jan. 6 riot”: Spencer S. Hsu, Rachel Weiner, and Peter Hermann of The Washington Post have this report.

Posted at 12:08 PM by Howard Bashman



“Visa, Mastercard ask U.S. Supreme Court to fix ‘rampant confusion’ on class certification”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 12:05 PM by Howard Bashman