How Appealing



Tuesday, March 26, 2024

“Five Hard Truths About an Appellate Practice, with Raffi Melkonian”: You can access today’s new episode of “The California Appellate Law Podcast” via this link.

Posted at 5:16 PM by Howard Bashman



“A Supreme Court Justice Sounds a Warning: Former Supreme Court Justice Stephen Breyer says in a new book and interview that conservative justices’ approach can’t serve the country and is doomed to fail.” Ankush Khardori has this interview online at Politico Magazine.

Posted at 1:27 PM by Howard Bashman



“Supreme Court justices skeptical of challenge to abortion pills”: David G. Savage of The Los Angeles Times has this report.

Jess Bravin and Jan Wolfe of The Wall Street Journal report that “Supreme Court Appears Unlikely to Upend Abortion-Pill Access; The case is the first major abortion issue to reach the Supreme Court after it overruled Roe v. Wade two years ago.”

Alex Swoyer of The Washington Times reports that “Supreme Court justices weigh rolling back use of the abortion pill; Appear skeptical of pro-life doctors’ request to roll back use of mifepristone.”

Mark Sherman of The Associated Press reports that “Supreme Court seems likely to preserve access to the abortion medication mifepristone.”

Andrew Chung and John Kruzel of Reuters report that “US Supreme Court appears skeptical of challenge to abortion pill access.”

Greg Stohr of Bloomberg News reports that “Supreme Court Suggests It Will Back Access to Abortion Pill; Justices question whether abortion foes have standing to sue; Court hears its first abortion clash since overturning Roe.”

Lawrence Hurley of NBC News reports that “Supreme Court signals it is likely to reject a challenge to abortion pill access; The Biden administration is defending FDA decisions that lifted restrictions on mifepristone, including one that made it available by mail.”

And Alice Miranda Ollstein and Josh Gerstein of Politico report that “Justices appear skeptical of call to restrict abortion pill; A decision, likely to come in June, would be a major victory for the FDA’s authority to regulate prescription drugs and for abortion-rights advocates who have sought to protect access to mifepristone.”

Posted at 1:24 PM by Howard Bashman



“The ‘Continue Withholding’ Directive in Trump v. United States: The Supreme Court’s order to stop lower court proceedings in Trump v. U.S. raises many questions about the arcane workings of the Court’s emergency docket.” Jack Goldsmith and Tom Koenig have this post at the “Lawfare” blog.

Posted at 11:40 AM by Howard Bashman



Monday, March 25, 2024

“The Group Behind Dobbs Does Not Want to Talk About What Comes Next; We sat down with Kristen Waggoner to talk about the anti-abortion legal group’s next targets”: Ian Ward has this Q&A online at Politico Magazine.

Posted at 9:56 PM by Howard Bashman



“Book Review: ‘Reading the Constitution’ When the Supreme Court Is Grinding It Into Dust, By Stephen Breyer; Two years after leaving the bench, the longtime justice understands neither the crisis at the Supreme Court nor the steps necessary to address it.” G.S. Hans has this essay online at Balls and Strikes.

Posted at 9:54 PM by Howard Bashman



“Mountainous national monument on California-Oregon border survives major legal challenge”: Kurtis Alexander of The San Francisco Chronicle has this report.

Posted at 9:51 PM by Howard Bashman



“Georgia-Pacific spinoff urges US Supreme Court to skip review of Texas two-step tactic”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:45 PM by Howard Bashman



“The Supreme Court, Abortion, and Standing in an Incoherent Abyss”: Eric Segall has this post at “Dorf on Law.”

Posted at 9:44 PM by Howard Bashman



“What’s at stake in the Supreme Court abortion pill case; Tuesday’s oral argument is focused on whether to overrule the FDA and reimpose some restrictions on getting medication to terminate pregnancy”: Ann E. Marimow and Caroline Kitchener of The Washington Post have this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court’s anti-abortion conservatives could restrict abortion pills sent by mail, even in blue states.”

Laura Kusisto, Jess Bravin, and Liz Essley Whyte of The Wall Street Journal report that “Abortion-Pill Case Puts Supreme Court Back in the Hot Seat; The justices are considering whether to roll back access to mifepristone, whose demand has swelled since the high court eliminated the constitutional right to an abortion.”

Maureen Groppe of USA Today has articles headlined “How the Supreme Court case on the abortion drug mifepristone could affect 2024 election; Nearly two-thirds of the public hadn’t heard anything about the case, including about 60% of women of reproductive age living in states where abortion is currently available” and “Abortion pill challenge gives Supreme Court chance to move toward national abortion ban; In the first major abortion case since overturning Roe v. Wade, the high court is considering restrictions on a drug used for medication abortions.”

Alex Swoyer of The Washington Times has an article headlined “Woman suffered complications from abortion pill, now wants Supreme Court to decide its future.”

Carter Sherman of The Guardian has an article headlined “‘Cruel’: the supreme court could send one-time abortion deserts like Hawaii back in time; States in which abortion is legal but was long inaccessible have benefitted from the FDA’s expansion of a key abortion drug.”

Mark Sherman of The Associated Press reports that “Supreme Court again confronts the issue of abortion, this time over access to widely used medication.”

Andrew Chung of Reuters reports that “US Supreme Court abortion pill fight brings claims of distorted science.”

Greg Stohr of Bloomberg News reports that “Supreme Court Rekindles Abortion Debate as Election Fight Looms; Cases involve access to abortion pill, state limits on doctors; Abortion becoming key campaign topic before November vote.”

Lawrence Hurley of NBC News has an article headlined “From IVF to birth control, Supreme Court abortion pill case could spark challenges to other drugs; The pharmaceutical industry warns that if courts can second-guess FDA approval of drugs, cases could arise on other contentious issues including vaccines, birth control and hormone therapy.”

John Fritze and Tierney Sneed of CNN report that “Doctors challenging mifepristone face scrutiny over their limited experience with the abortion drug.”

In commentary, Tuesday’s edition of The Wall Street Journal will contain an editorial titled “The Supreme Court and Mifepristone: The question in a case about the abortion pill is whether judges can act as a Super FDA on drug approvals.”

And online at The Los Angeles Times, columnist Jackie Calmes has an essay titled “The Supreme Court tackles abortion again. How much will it hurt Republicans in 2024?

Posted at 9:38 PM by Howard Bashman



“Supreme Court Struggles With Tribal Health Care Funding Case; Federal law encourages tribes to run health care services; Justices consider who is responsible for overhead costs”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

And Kelsey Reichmann of Courthouse News Service reports that “Tribal health care funding fight splits Supreme Court; Some justices expressed concern that giving tribes more money for health care would result in a big bill for the government.”

Posted at 8:30 PM by Howard Bashman



“The Supreme Court will weigh in on the January 6 insurrection. What could possibly go wrong? The Court’s decision could potentially undermine over 300 January 6 prosecutions, including Trump’s.” Ian Millhiser has this essay online at Vox.

Posted at 8:20 PM by Howard Bashman



“What the Abortion-Pill Battle Is Really About: The Supreme Court hears oral arguments in a case set in a reproductive-rights landscape upended by the Dobbs decision.” Amy Davidson Sorkin has this Comment in the Talk of the Town section of the April 1, 2024 issue of The New Yorker.

Posted at 1:30 PM by Howard Bashman



“Complaint against state Supreme Court justice raises questions about judicial ethics; The Committee on Judicial Conduct will decide whether Justice Catherine Connors violated the ethics code in a process that has little public oversight”: Caitlin Andrews of The Maine Monitor has this report.

Posted at 1:25 PM by Howard Bashman



“Breyer Says He Is Open to Supporting a Supreme Court Age Limit; The retired justice suggested that an 18- or 20-year term could dissuade members of the court from ‘thinking about the next job’ just as effectively as a lifetime appointment does now”: Minho Kim of The New York Times has this report.

Marina Pitofsky of USA Today reports that “Former Justice Stephen Breyer says he has ‘theories’ about who leaked opinion overturning Roe v. Wade.”

Alexandra Marquez of NBC News has a report headlined “Former Justice Stephen Breyer: It’s ‘possible’ Dobbs could be overruled one day; The former Supreme Court justice also told NBC News’ “Meet the Press” that he’d be ‘amazed’ if the source of the infamous Dobbs leak were a justice.”

And Sanjana Karanth of HuffPost reports that “Breyer Signals Support For Age And Term Limits On Supreme Court Justices; The former justice, who retired at 83 after the consequential Dobbs ruling, said he does not believe it is harmful to impose such limits on the high court.”

Posted at 1:22 PM by Howard Bashman



“Trump Can Post Smaller Bond in Civil Fraud Case, Court Rules; The former president must post a bond of $175 million within 10 days as he appeals the $454 million judgment against him”: Ben Protess and William K. Rashbaum of The New York Times have this report.

You can view the court’s order at this link.

Posted at 11:30 AM by Howard Bashman



“The next Clarence Thomas? Abortion pill case spotlights rightwing judge and his wife’s shadowy connections. Judge James Ho ruled to restrict mifepristone. His wife Allyson is linked to the anti-abortion group that brought the case.” Melissa Segura of The Guardian has this report.

Posted at 11:00 AM by Howard Bashman



Saturday, March 23, 2024

“Supreme Court to rule on FDA approval of abortion drug mifepristone; Oral arguments are scheduled for Tuesday”: Shannon Bream and Bill Mears of Fox News has this report.

Sandhya Raman and Michael Macagnone of Roll Call report that “Supreme Court to hear oral arguments on medication abortion drug; Justices on Tuesday consider challenge that could limit access to mifepristone.”

And The Washington Post has published an editorial titled “The Supreme Court’s latest abortion case has an obvious answer.”

Posted at 9:44 PM by Howard Bashman



“Former Justice Stephen Breyer reflects on ‘unfortunate’ Supreme Court leak before Dobbs abortion ruling; In an interview with NBC’s ‘Meet the Press,’ Breyer was asked whether the justices had discussed a compromise 15-week abortion ban”: Alexandra Marquez of NBC News has this report.

Posted at 8:27 PM by Howard Bashman



“McConnell Stole a Supreme Court Seat. Is That the Norm Now?” Ed Kilgore has this post at the “Intelligencer” blog of New York magazine.

Posted at 8:16 PM by Howard Bashman



“Rare All-Female Lineup to Argue Supreme Court Abortion Pill Case; Men vastly outnumber women at high court lectern; Number of female advocates unusually high this term”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:17 PM by Howard Bashman



“How rightwing groups used junk science to get an abortion case before the US supreme court; Anti-abortion researchers ‘exaggerate’ and ‘obfuscate’ in their scientific papers — but by the time they’re published, it’s too late”: Jessica Glenza of The Guardian has this report.

Posted at 1:15 PM by Howard Bashman



“What happens when an AG dares to investigate Leonard Leo’s network; Brian Schwalb’s probe followed a complaint that nonprofit groups associated with the judicial activist violated their tax status”: Heidi Przybyla of Politico has this report.

Posted at 1:11 PM by Howard Bashman



Friday, March 22, 2024

“Abortion pill case sends high court on a hunt for harm; The high court has been asked to determine if doctors who do not prescribe abortion pills can be hurt by their side effects”: Kelsey Reichmann of Courthouse News Service has this report, along with an article headlined “Abortion pill dispute puts Supreme Court at the center of fight over evidence-based medicine; Medical experts have flocked to the high court to denounce claims that the abortion pill is unsafe.”

Posted at 9:15 PM by Howard Bashman



“Illinois federal judges rescind diversity policies after conservatives complain”: Nate Raymond of Reuters has this report.

Posted at 8:54 PM by Howard Bashman



“U.S. Chamber, critic of forum shopping, questioned for doing just that”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 8:48 PM by Howard Bashman



“Biden Court Pick Adeel Mangi Refutes ‘Shocking And False’ Attacks On Him; In a new letter obtained by HuffPost, the historic Muslim nominee rejects Republican claims that he is somehow anti-law enforcement”: Jennifer Bendery of HuffPost has this report. And you can view the letter at this link.

Posted at 5:30 PM by Howard Bashman



“Democrats’ Abandonment of Adeel Mangi Is Cynical and Embarrassing; Republicans gambled that a few well-placed Islamophobic smears would imperil the nomination of a Muslim American lawyer to a federal judgeship; They were right”: Jay Willis has this essay online at Balls and Strikes.

Posted at 5:22 PM by Howard Bashman



“The Outsider Legal Genius Who May Rescue Trump: Seth Barrett Tillman is an Orthodox Jewish commodities trader turned law professor living in Dublin whose ideas were recently heard by the Supreme Court; He’s also something even more unusual: a thinker whose mind hasn’t been corrupted by politics.” Armin Rosen of Tablet Magazine has this report.

Posted at 4:53 PM by Howard Bashman