How Appealing



Friday, July 26, 2024

“Justice Kagan’s Ethics Inversion; Having lower judges investigate the Justices is not a good idea”: This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 9:12 PM by Howard Bashman



“12-week abortion limit, ban on youth transgender treatment upheld by Nebraska Supreme Court”: Alex Swoyer of The Washington Times has this report.

Margery A. Beck of The Associated Press reports that “Nebraska Supreme Court upholds law restricting both medical care for transgender youth and abortion.”

And Aaron Sanderford of Nebraska Examiner reports that “Nebraska Supreme Court upholds law restricting abortion and trans health care for minors; Planned Parenthood had argued that LB 574 violated state constitution’s single-subject rule.”

You can access today’s ruling of the Supreme Court of Nebraska at this link.

Posted at 3:04 PM by Howard Bashman



“J&J’s Second Bankruptcy Dismissal Upheld by Third Circuit; Court affirms bankruptcy dismissal of LTL Management; J&J had sought to use bankruptcy to resolve talc claims”: Evan Ochsner of Bloomberg Law has this report (subscription required for full access) on a non-precedential ruling that the U.S. Court of Appeals for the Third Circuit issued yesterday.

And Amanda Bronstad of Law.com has a report headlined “‘It Was a Very Long Battle’: Why Talc Victims Could Vote for J&J’s Third Bankruptcy; Beasley Allen’s Andy Birchfield, whose firm has led opposition to another talc bankruptcy, acknowledged to Law.com: ‘I would be really surprised if J&J were to lose this vote.’

Posted at 2:50 PM by Howard Bashman



“The Evolution of Usha Vance; An accomplished Yale-educated lawyer, she has left her job at a top firm as she adjusts to the life of a high-profile political spouse”: Joseph Bernstein and Katherine Rosman of The New York Times have this report.

Posted at 1:22 PM by Howard Bashman



Thursday, July 25, 2024

“Justice Elena Kagan Calls for Enforceable Supreme Court Ethics Rules; There are flaws in the justices policing their own behavior, Kagan says”: Jess Bravin of The Wall Street Journal has this report.

Sophia Bollag of The San Francisco Chronicle has an article headlined “Supreme Court Justice Elena Kagan said one type of ruling makes her angry enough to punch a wall.”

Devan Cole of CNN has a report headlined “Justice Elena Kagan says Supreme Court’s code of conduct needs an enforcement plan. Takeaways from her wide-ranging comments.”

Josh Gerstein of Politico reports that “Elena Kagan calls for better enforcement of Supreme Court’s ethics code; At a legal conference in California, the liberal justice suggested that lower-court judges could review alleged violations.”

Sophie Austin of The Associated Press reports that “Justice Kagan says there needs to be a way to enforce the US Supreme Court’s new ethics code.”

And Alan Riquelmy of Courthouse News Service has an article headlined “At California conference, Justice Elena Kagan talks life on Supreme Court; Kagan shared her opinions and insights Thursday at the Ninth Circuit Judicial Conference, which is meeting in Sacramento, California.”

Posted at 9:18 PM by Howard Bashman



“Biden’s Supreme Court-Smacking Plan: Does Kamala Harris support these dubious ideas to undermine judicial independence?” This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:58 PM by Howard Bashman



“How the most right-wing appeals court was reined in by the Supreme Court this term”: Maureen Groppe of USA Today has this report.

Posted at 8:36 PM by Howard Bashman



“Boneless chicken wings can have bones, Ohio Supreme Court rules; Republicans on the Ohio Supreme Court ruled that bones are a natural part of chicken so a consumer should be on guard for them — even in boneless wings”: Laura A. Bischoff and Jessie Balmert of The Columbus Dispatch have this report.

Thomas Gnau of The Dayton Daily News reports that “Diners should beware of bones in ‘boneless’ chicken, Supreme Court majority rules; Case originated in Butler County eight years ago.”

Michael Rubinkam of The Associated Press reports that “Chicken wings advertised as ‘boneless’ can have bones, Ohio Supreme Court decides.”

And Dan Trevas of Court News Ohio reports that “Restaurant Not Responsible for Injury From Bone in Boneless Wing.”

You can access today’s 4-to-3 ruling of the Supreme Court of Ohio at this link.

Posted at 5:15 PM by Howard Bashman



“Florida abortion amendment: Financial statement fight heads to Supreme Court; The ‘fiscal impact statement,’ to be printed on ballots, has been the subject of the latest battle in the war over abortion rights in Florida.” Ana Goñi-Lessan of The Tallahassee Democrat has this report.

And in commentary, online at Slate, Ansev Demirhan has a Jurisprudence essay titled “Something Funny Is Going On With the Campaign Against Florida’s Abortion Initiative.”

Posted at 5:00 PM by Howard Bashman



“Justice Kagan calls for a way to enforce Supreme Court ethics code; Justice Elena Kagan suggested Chief Justice John G. Roberts Jr. could appoint an outside panel of highly respected judges to review allegations of wrongdoing”: Ann E. Marimow of The Washington Post has this report.

Posted at 4:53 PM by Howard Bashman



“Elena Kagan Endorses High Court Ethics Enforcement Mechanism”: Suzanne Monyak and Lydia Wheeler of Bloomberg Law have this report.

At some point in the not too distant future, Justice Kagan’s remarks today at the Ninth Circuit’s Judicial Conference will be available for viewing online via C-SPAN.

Posted at 4:40 PM by Howard Bashman



“Appeals court timeline suggests months more of delay for Jack Smith’s documents case against Trump; The special counsel is appealing the dismissal of the case — but the appeal likely won’t be resolved until long after Election Day”: Kyle Cheney and Josh Gerstein of Politico have this report.

Posted at 3:40 PM by Howard Bashman



“Supreme Court justices are writing more concurrent opinions to accompany rulings”: Mark Walsh has this report online at ABA Journal.

Posted at 3:26 PM by Howard Bashman



“Donald Trump and Supreme Court Appointments in a Second Term; An opportunity to secure a solid conservative majority for years to come”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 3:24 PM by Howard Bashman



“Where Does Kamala Harris Stand On Supreme Court Reform? Most Democratic politicians have been reluctant to endorse Supreme Court reform. There are signs that the party’s new nominee might see things differently.” Jay Willis has this essay online at Balls and Strikes.

Posted at 3:20 PM by Howard Bashman



“A Scholar-Justice; Contrary to accusations that Amy Coney Barrett is drifting left, she is doing the hard work of building up the originalist legal culture”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 3:18 PM by Howard Bashman



“California Supreme Court upholds gig worker law backed by Uber, Lyft”: Bob Egelko of The San Francisco Chronicle has this report.

Suhauna Hussain of The Los Angeles Times reports that “California Supreme Court upholds Prop. 22, ending legal saga over status of gig drivers.”

Daniel Wiessner and Brendan Pierson of Reuters report that “California top court upholds ballot measure treating Uber, Lyft drivers as independent contractors.”

And Maia Spoto and Natalie Lung of Bloomberg Law report that “California Gig Workers to Remain Contractors, Prop 22 Upheld; Uber, Lyft-backed, voter-approved classification law upheld; California gig workers must keep contractor status.”

You can access today’s unanimous ruling of the Supreme Court of California at this link.

Posted at 2:42 PM by Howard Bashman



Wednesday, July 24, 2024

“Supreme Court’s Hand-Picked Advocate Argues for Killing Richard Glossip; Oklahoma’s attorney general believes Glossip’s conviction should be overturned; Chief Justice John Roberts chose a former clerk to argue that the AG is wrong”: Liliana Segura and Jordan Smith of The Intercept have this report.

You can access the brief at this link.

Posted at 9:42 PM by Howard Bashman



“SCOTUS conservatives made clear they will consider anything. The right heard them. Three moves this week show how the real lesson of this Supreme Court term isn’t what most journalists were writing about.” Chris Geidner has this post at his Substack site.

Posted at 8:58 PM by Howard Bashman



“KY clerk who denied marriage licenses to gay couples wants Supreme Court ruling overturned”: Karla Ward of The Lexington Herald Leader has a report that begins, “Former Rowan County clerk Kim Davis is arguing in federal appeals court that the Supreme Court decision on gay marriage should be overturned, and she should not have to pay a judgment to one of the couples she denied a marriage license.”

And Sarah Ladd of Kentucky Lantern reports that “Kim Davis’ legal counsel moves to make her appeal a springboard for overturning marriage rights.”

You can access at this link Kim Davis’s brief for appellant filed Monday in the U.S. Court of Appeals for the Sixth Circuit.

Posted at 8:54 PM by Howard Bashman



“US Judge Recounts Security Concerns After Trump Election Ruling; Stephanos Bibas recounted angry calls after election ruling; His 2020 decision rejected Trump campaign bid to nix ballots”: Suzanne Monyak of Bloomberg Law has this report (subscription required for full access).

Posted at 6:05 PM by Howard Bashman



“Federal Circuit Panel Urges Extension of Newman’s Suspension; Recommendation would leave judge sidelined through late 2025; Newman has responded to investigation with lawsuit and appeal”: Michael Shapiro of Bloomberg Law has this report.

And Blake Brittain of Reuters reports that “Panel calls for suspension to continue for 97-year-old US appeals judge.”

Today, the U.S. Court of Appeals for the Federal Circuit posted online a web page titled “Release of Materials in Judicial Investigation” containing links to various materials, including the Redacted Report and Recommendation of the Special Committee.

Posted at 6:02 PM by Howard Bashman



“Biden Favors Younger Judges in Shift From Previous Democrats; Over half of Biden’s appeals court appointments under 50; Shift continues Trump-era practice to choose younger judges”: Suzanne Monyak of Bloomberg Law has this report.

Posted at 5:50 PM by Howard Bashman



“Constitutional warning shot for social media ‘deplatforming’ laws; If the right case ever does arrive at the Supreme Court, laws like those in Florida and Texas will likely be destroyed”: Damon Root has this essay online at Freethink.

Posted at 3:44 PM by Howard Bashman



“J&J Allies With Mass-Tort Specialists to Seal $8 Billion Talc Settlement; Votes from the weakest talc claims against Johnson & Johnson could help the company end mass cancer lawsuits in bankruptcy court”: Andrew Scurria, Erin Mulvaney, and Alexander Gladstone of The Wall Street Journal have this report.

Posted at 12:10 PM by Howard Bashman



Tuesday, July 23, 2024

“Harris reinvigorates effort to frame election around abortion rights; Democrats view Vice President Harris as a more effective messenger on abortion than President Biden”: Rachel Roubein and Yasmeen Abutaleb of The Washington Post have this report.

And Erika Edwards and Bracey Harris of NBC News report that “Harris’ frank talk about abortion and its impact on women’s health might energize voters; Republicans could be forced to revisit the topic of abortion if Vice President Kamala Harris becomes the Democratic nominee for president.”

Posted at 4:40 PM by Howard Bashman



“Kamala Harris said 19 words in 2018 that taught us all we need to know. Curious about what kind of candidate she’ll be? Her dismantling of Justice Brett Kavanaugh at his confirmation hearing is worth a rewatch.” Columnist Monica Hesse has this essay online at The Washington Post.

Posted at 4:09 PM by Howard Bashman



“$30 million gift will fund center to push for Supreme Court overhaul; Private equity investor Jim Kohlberg will fund research, public outreach and policy advocacy on the Supreme Court, through the Brennan Center for Justice”: Justin Jouvenal of The Washington Post has this report.

Posted at 3:44 PM by Howard Bashman



“The Federal Judiciary Is Looking the Other Way On Workplace Sexual Harassment; As it turns out, a wildly unethical judiciary thinks itself above the law in more ways than one”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 3:40 PM by Howard Bashman



“Can Biden top Trump’s number of judicial appointments?” Russell Wheeler has this post online at The Brookings Institution.

Posted at 3:26 PM by Howard Bashman