How Appealing



Thursday, June 20, 2024

“La.’s Ten Commandments law will test religion-friendly courts, experts say; The state’s Republican governor signed a measure requiring taxpayer-financed schools to prominently post a specific version of the commandments by Jan. 1”: Michelle Boorstein and Danielle Paquette of The Washington Post have this report.

Posted at 8:33 PM by Howard Bashman



“A Supreme Court Mistake on Wealth Taxes: Five Justices open the door to taxing unrealized gains in assets; Democrats will walk through it.” This editorial will appear in Friday’s edition of The Wall Street Journal.

Online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Why Brett Kavanaugh Shot Down a Fake Case That Would Have Blown Up the Tax Code.”

Online at Balls and Strikes, Jay Willis has an essay titled “The Conservative Justices Picked a Different Day to Kill a Wealth Tax; The Supreme Court’s opinion in Moore v. United States didn’t give conservative activists everything they wanted; But it gave them good reason to be optimistic about the future.”

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s new tax decision is great news for billionaires; Most of the justices voted not to blow up the US tax code, but the opinion has bad news for progressive proponents of wealth taxes.”

Posted at 8:30 PM by Howard Bashman



“Handing Down The Final 19 (or 17) Opinions; With a Presidential Debate on June 27!” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:14 PM by Howard Bashman



“Judge in Trump Documents Case Rejected Suggestions to Step Aside; Two federal judges in South Florida privately urged Aileen M. Cannon to decline the case when it was assigned to her last year, according to two people briefed on the matter; She chose to keep it”: Charlie Savage and Alan Feuer of The New York Times have this report.

Posted at 1:45 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in four argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion of the Court in Moore v. United States, No. 22-800. Justice Ketanji Brown Jackson issued a concurring opinion. Justice Amy Coney Barrett issued an opinion, in which Justice Samuel A. Alito, Jr., joined, concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Neil M. Gorsuch joined. You can access the oral argument via this link.

2. Justice Elena Kagan delivered the opinion of the Court in Chiaverini v. City of Napoleon, No. 23-50. Justice Thomas issued a dissenting opinion, in which Justice Alito joined. And Justice Gorsuch issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Thomas delivered the opinion of the Court in Diaz v. United States, No. 23-14. Justice Jackson issued a concurring opinion. And Justice Gorsuch issued a dissenting opinion, in which Justices Sonia Sotomayor and Kagan joined. You can access the oral argument via this link.

4. And the Court issued a per curiam opinion in Gonzalez v. Trevino, No. 22-1025. Justice Alito issued a concurring opinion. Justice Kavanaugh issued a concurring opinion. Justice Jackson issued a concurring opinion, in which Justice Sotomayor joined. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Wednesday, June 19, 2024

“This Judge Made Houston the Top Bankruptcy Court. Then He Helped His Girlfriend Cash In. Law firm Kirkland & Ellis brought multibillion-dollar cases to David R. Jones’s court, aided by a local attorney who lived with the judge; ‘Why did no one look into it?’” Alexander Gladstone, Andrew Scurria, and Akiko Matsuda of The Wall Street Journal have this report.

Posted at 9:20 PM by Howard Bashman



“Abortion-Rights Advocates Deploy a New Red State Playbook; After Ohio voters approved a constitutional amendment, movement’s lawyers are citing it to challenge state restrictions”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 8:55 PM by Howard Bashman



“Why Republicans Don’t Abandon ‘Felon’ Trump; They see the Democrats’ political use of the justice system as a more serious threat to democracy”: Law professor Michael W. McConnell will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 8:26 PM by Howard Bashman



“Louisiana Requires All Public Classrooms to Display Ten Commandments; A law signed by Gov. Jeff Landry on Wednesday makes the state the only one with such a mandate; Critics have vowed to mount a constitutional challenge”: Rick Rojas of The New York Times has this report.

Anumita Kaur of The Washington Post reports that “Louisiana requires Ten Commandments to be displayed in public classrooms; Gov. Jeff Landry (R) signed the legislation Wednesday.”

Alyssa Lukpat of The Wall Street Journal reports that “Louisiana Requires Ten Commandments to Be Displayed in Public-School Classrooms; Civil-liberties groups pledge to sue, citing separation between church and state.”

And Julia Guilbeau of The Times-Picayune of New Orleans reports that “Jeff Landry signs Ten Commandments bill into Louisiana law; A lawsuit is already brewing.”

Posted at 8:22 PM by Howard Bashman



“Justice Clarence Thomas casts cloud over lawsuits challenging diversity programs”: Alison Frankel’s “On the Case” from Reuters has a post that begins, “U.S. Supreme Court Justice Clarence Thomas has just adopted a legal theory that would eliminate a spate of recent lawsuits filed by groups that share the conservative justice’s opposition to race-based diversity programs.”

Posted at 7:55 PM by Howard Bashman



“Supreme Court Ruling on Bump Stocks Could Open Door to More Lethal Weapons; The court’s decision has the potential to undercut President Biden’s efforts to restrict other gun accessories that enable semiautomatic rifles to fire at speeds rivaling those of machine guns”: Jack Healy of The New York Times has this report.

Posted at 7:44 PM by Howard Bashman



“What will Justices Barrett and Jackson bring to the Supreme Court’s homestretch?” Marcia Coyle has this post at the “Constitution Daily” blog of the National Constitution Center.

Posted at 7:42 PM by Howard Bashman



“I’m the cake artist who won at the Supreme Court. Here’s why I’m still in court. I gladly serve people from all backgrounds. I decide to create custom cakes based on what they will express, not who requests them.” Jack Phillips has this essay online at Fox News.

Posted at 7:40 PM by Howard Bashman



“Wisconsin Supreme Court takes David Prosser’s name off law library, renames it for first woman lawyer”: Jessie Opoien of The Milwaukee Journal Sentinel has this report.

And Rich Kremer of Wisconsin Public Radio reports that “Wisconsin Supreme Court to rename State Law Library after Lavinia Goodell; Library currently named after former conservative Justice David Prosser; Current conservative Justice Rebecca Bradley calls change ‘another petty and vindictive maneuver’ from liberal majority.”

Posted at 7:38 PM by Howard Bashman



“Father Reidy Goes to Washington — As Supreme Court Clerk; Notre Dame law professor Father Patrick Reidy will clerk for Justice Brett Kavanaugh, starting in October”: Mary Frances Myler of National Catholic Register has this report.

Posted at 7:35 PM by Howard Bashman



Tuesday, June 18, 2024

“Ohio attorney suspended over pooping in a Pringles can has license reinstated”: Laura A. Bischoff of The Columbus Dispatch has this report.

Posted at 9:44 PM by Howard Bashman



“Senate Republicans Block Bump-Stock Ban; Democrats failed in their effort to override last week’s Supreme Court ruling with legislation, but saw some political benefits to the clash”: Carl Hulse of The New York Times has this report.

Posted at 8:57 PM by Howard Bashman



“Antiabortion Lawsuits Leaned on Discredited, Disputed Research; Peer-reviewed studies were later challenged, disavowed or retracted”: Nidhi Subbaraman of The Wall Street Journal has this report.

Posted at 8:50 PM by Howard Bashman



“New York’s high court won’t hear Trump’s gag order challenge; The appellate court shot down Trump’s First Amendment gripes and kept the order active”: Erik Uebelacker of Courthouse News Service has this report.

Posted at 3:04 PM by Howard Bashman



“The Supreme Court’s role in our partisan polarization has been greatly exaggerated”: Columnist Jonah Goldberg has this essay online at The Los Angeles Times.

Posted at 1:25 PM by Howard Bashman



“Wisconsin governor’s ‘400-year veto’ to be decided by Wisconsin Supreme Court”: Mitchell Schmidt of The Wisconsin State Journal has this report.

Posted at 1:22 PM by Howard Bashman



“Case testing the constitutionality of Colorado’s anti-discrimination law goes to state supreme court”: Megan Verlee of Colorado Public Radio has a report that begins, “Lakewood baker Jack Phillips, who has long fought not to make cakes he says violate his Christian religious beliefs, will be in front of the Colorado Supreme court today.”

Posted at 1:18 PM by Howard Bashman



“J&J’s Talc Litigation Saga Gets Attorney-Client Privilege Twist; Suit seeks to pierce privilege behind bankruptcy strategy; J&J is looking to resolve talc litigation via $11 billion deal”: Brian Baxter of Bloomberg Law has this report.

Posted at 1:05 PM by Howard Bashman



“Supreme Court’s Far Right Faces a Free-Speech Problem; A humdrum trademark case exposed the limitations of originalism — and a rift on the court over the First Amendment”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:02 PM by Howard Bashman



“‘Hot-tubbing’ and more. New terms in Black’s Law Dictionary.” Jenna Greene’s “Legal Action” from Reuters has this post.

Posted at 10:10 AM by Howard Bashman



“The Division of Oral Arguments in the Office of Solicitor General (OT 2001-OT 2023)”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 10:07 AM by Howard Bashman



Monday, June 17, 2024

“As a Texas city debates an abortion travel ban, maternal care is scarce in nearby rural counties; Amid a fight over an ‘abortion travel ban,’ women health care experts say more attention is needed to the plight of pregnant Texans in the Panhandle where there are few hospitals and OBGYNs”: Jayme Lozano Carver of The Texas Tribune has this report.

Posted at 9:44 PM by Howard Bashman



“Statement of Concern Regarding Improper Use of Judicial Offices in Relation to Law Clerk Hiring and Refusal to Hire”: The New York City Bar Association issued this statement today.

Posted at 9:37 PM by Howard Bashman