How Appealing



Monday, March 11, 2024

“70. The Shoddy Politics of Trump v. Anderson: The Section 3 disqualification case provided the Supreme Court with a chance to engage in true constitutional statesmanship; The five justices in the majority . . . didn’t.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 12:06 PM by Howard Bashman



Sunday, March 10, 2024

“Judicial Notice (03.09.24): ‘It Could Have Been Worse’; More musings on Trump v. Anderson, free-speech rulings in the circuit courts, notable hires by Sidley and Simpson, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:03 PM by Howard Bashman



“Does the Law of Standing ‘Need a Rewrite’ After TransUnion? Another federal appellate judge expresses discontent with current standing doctrine.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 9:53 PM by Howard Bashman



“No More Justices at the State of the Union; John Harlan thought it unconstitutional for him to attend; Biden proved him right”: Nathan Lewin will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 9:26 PM by Howard Bashman



“Will the Supreme Court Now Review More Constitutional Amendments? After their ruling on a Fourteenth Amendment case, which keeps Donald Trump on the ballot, will the Justices be willing to revisit Dobbs, or Second Amendment cases?” Jill Lepore has this Comment online at The New Yorker.

Posted at 1:09 PM by Howard Bashman



“Do Americans still have a right to privacy? With courts coming for abortion and IVF, it’s hard not to wonder what the Supreme Court will go after next.” Ian Millhiser has this essay online at Vox.

Posted at 1:08 PM by Howard Bashman



“Trump ballot ruling raises new questions even as it answers others; Legal scholars say the Supreme Court’s ruling that Trump should be allowed to run for president leaves some ambiguity that could lead to confusion after the November election”: Patrick Marley of The Washington Post has this report.

Posted at 1:06 PM by Howard Bashman



“A so-called activist Supreme Court shrugs at extreme campus speech rules”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 12:56 PM by Howard Bashman



“The Naïve Pundits Enabling the Supreme Court’s Big Con; The widely held belief that the high court occupies a special place in the Constitutional firmanent is out of joint with that body’s increasingly ignominious decisions”: Jess Coleman has this essay online at The New Republic.

Posted at 12:53 PM by Howard Bashman



“After Trump ballot ruling, critics say Supreme Court is selectively invoking conservative originalist approach; Some legal scholars criticized the court for ignoring arguments based on the text and original understanding of Section 3 of the 14th Amendment in a ruling that kept Trump on the ballot”: Lawrence Hurley of NBC News has this report.

In commentary, online at The New Republic, Jason Linkins has an essay titled “The Supreme Court’s Savage Indictment of the Republican Party; If you read the high court’s disqualification ruling closely, you’ll see that the justices unanimously agree that the GOP is a lawless institution.”

And at the “Lawfare” blog, Ilya Somin has a post titled “What the Supreme Court Got Wrong in the Trump Section 3 Case: The Court botched the legal reasoning and relied heavily on dubious policy arguments.”

Posted at 12:48 PM by Howard Bashman



Saturday, March 9, 2024

“Revenge of the Statesmen: How statesmanship defeated nerdiness in Trump v. Anderson.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 3:25 PM by Howard Bashman



Friday, March 8, 2024

“UPenn Law Professor Amy Wax Speaks Out About the Sanctions Brought Against Her; ‘It’s all psychologized,’ Wax said; ‘What the woke catechism, the woke set of precepts, has done is that they’ve taken subjective reactions and made them reign supreme, which is completely contrary to every First Amendment principle that ever existed’”: Christine Charnosky has this article online at The Legal Intelligencer.

Posted at 5:20 PM by Howard Bashman



“Charlie Adelson moved to another prison as he serves life sentence for Dan Markel murder”: Jeff Burlew of The Tallahassee Democrat recently had this report.

Posted at 4:45 PM by Howard Bashman



“Dark and Stormy: The porn star whose testimony could help convict Donald Trump before the election has a new career as a gay icon and no intention of paying the $670,000 that she owes the former president.” Jeffrey Toobin has this article online at Air Mail.

Posted at 1:38 PM by Howard Bashman



“Trump Posts $91.6 Million Bond for Defamation Judgment in Carroll Case; Donald J. Trump is contending with civil penalties that are together worth more than half a billion dollars”: Benjamin Weiser and Ben Protess of The New York Times have this report.

Posted at 1:22 PM by Howard Bashman



“How the Conservative Legal Movement Is Waging a War on Sex: Activists spent five decades trying to get a Supreme Court that would overturn Roe v. Wade; Now, they have bigger, weirder ambitions.” Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 1:16 PM by Howard Bashman



Thursday, March 7, 2024

“Momentum builds in major homelessness case before U.S. Supreme Court”: Claire Rush of The Associated Press has this report.

Posted at 6:08 PM by Howard Bashman



“Sonia Sotomayor Should Get Real That the Supreme Court Is Partisan; Justices say the Court isn’t political, but c’mon”: Jonathan Chait has this post at the “Intelligencer” blog of New York magazine.

Posted at 6:05 PM by Howard Bashman



“With Colorado ruling, the court displays an ‘originalism of convenience’”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 6:03 PM by Howard Bashman



“Fishing for John Roberts’s Executive-Branch Records; A justice delayed could become a justice denied”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:35 PM by Howard Bashman



“A Counterpoint On Crystal Clanton — From A Leading Libel Lawyer; There’s no reason for Crystal Clanton to say anything about the controversy surrounding her, according to Libby Locke of Clare Locke”: David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:28 PM by Howard Bashman



“Judge Nancy Maldonado — Nominee to the U.S. Court of Appeals for the Seventh Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 1:22 PM by Howard Bashman



“Pepperdine University Announces Launch of Ken Starr Institute for Faith, Law, and Public Service at the Caruso School of Law”: You can access the news release at this link and the Institute’s website at this link.

Posted at 1:18 PM by Howard Bashman



Wednesday, March 6, 2024

“First Amendment right to a drag show? Texas students ask Supreme Court for emergency ruling.” Maureen Groppe of USA Today has this report.

You can view the Emergency Application for Injunction Pending Appellate Review at this link.

Posted at 10:05 PM by Howard Bashman



“Trump’s on the ballot, but the Supreme Court left key constitutional questions unanswered”: John Fritze and Marshall Cohen of CNN have this report.

Posted at 10:00 PM by Howard Bashman



“Liberal justices’ rage at the Trump ballot decision is incoherent”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 9:58 PM by Howard Bashman



“Supreme Court sets Trump immunity claim in D.C. trial for April 25”: Ann E. Marimow of The Washington Post has this report.

Posted at 9:50 PM by Howard Bashman



“Everybody Hates the Supreme Court’s Disqualification Ruling; Trump and his diehards aside, many of those who wanted the court to leave the former president on the ballot still think the justices managed to screw it up”: Matt Ford has this essay online at The New Republic.

Posted at 9:42 PM by Howard Bashman