How Appealing



Thursday, October 31, 2024

“Friend bought you a ticket to the big game? You still have to arbitrate, says US appeals court.” Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 4:37 PM by Howard Bashman



“Walmart Lands Supreme Court Litigator as Lead Appellate Counsel; Charles Dameron recruited after six years in private practice; Retail giant adds former Supreme Court lawyer to legal team”: Brian Baxter of Bloomberg Law has this report (subscription required for full access).

Posted at 4:35 PM by Howard Bashman



“‘You should expect bones’: How chicken wings became part of the 2024 Ohio Supreme Court race; Democratic candidates for Ohio Supreme Court are citing a ruling that made national headlines for explaining why boneless wings can have bones.” Frank W. Lewis of Signal Cleveland has this report.

Posted at 1:35 PM by Howard Bashman



“Holding Sonia Sotomayor Hostage; Senator Richard Shelby’s power play on Ed Carnes nomination”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 11:48 AM by Howard Bashman



“Election Lawsuits Are Piling Up. How Worried Should You Be? Nearly 200 voting-related cases have churned ahead this year. But not all of them will make a difference.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 11:46 AM by Howard Bashman



“Justices Cause Confusion With No Voting Purge Ruling Explanation; Divided Supreme Court allows Virginia voter purges; Unexplained ruling leaves voting advocates confused”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 11:04 AM by Howard Bashman



“‘Disruption and havoc’: Courtroom chaos of Trump’s first term expected to return if he wins election; The Trump administration was characterized by provocative policy moves that were immediately challenged in court, sometimes putting government lawyers in difficult positions.” Lawrence Hurley of NBC News has this report.

Posted at 11:02 AM by Howard Bashman



“Injured Football Fans Face Arbitration Over Negligence Claims; Contract’s existence a ‘precondition’ to enforce arbitration; Team reliance on purchaser’s agency ‘reasonable,’ court finds”: Sam Skolnik of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Fourth Circuit issued Tuesday in a case involving Philadelphia Eagles fans injured while attending a Washington Commander game.

Posted at 11:00 AM by Howard Bashman



“What we know about Trump, Harris, the Supreme Court and federal judges; Whoever wins the White House in November will face a closely divided Senate and, at least at first, relatively few judicial vacancies”: Justin Jouvenal of The Washington Post has this report.

Posted at 10:54 AM by Howard Bashman



“ATF Hands Judges Loaded Weapons — And Lessons to Ponder on Bench”: Jacqueline Thomsen has this new installment of her “Elevated Take” column online at Bloomberg Law.

Posted at 10:52 AM by Howard Bashman



Wednesday, October 30, 2024

“8 Supreme Court Justices in Mexico to Resign Ahead of Contentious Election; All but three of the country’s Supreme Court justices announced they would quit rather than partake in the controversial elections mandated by a judicial overhaul”: Natalie Kitroeff and Emiliano Rodríguez Mega of The New York Times have this report, along with an article headlined “Mexico Passes Bill Barring Legal Challenges to Constitutional Changes; The bill has drawn criticism from legal scholars who say it would bulldoze any judicial oversight of constitutional matters.”

Posted at 9:50 PM by Howard Bashman



“From Wachtell To The White House To The Federal Bench: Judge Kenneth Lee; A judge on the Ninth Circuit since 2019, Judge Lee extols the virtues of public service, building relationships, and the United States of America.” David Lat has posted online this new episode of his “Original Jurisdiction” podcast.

Posted at 2:50 PM by Howard Bashman



“Hawaii Takes Aim at the Supreme Court’s Most Chaotic Gun Rights Ruling. Can the Aloha State defy the Roberts court on a controversial Second Amendment decision? They may soon find out.” Matt Ford of The New Republic has this report.

Posted at 1:06 PM by Howard Bashman



Tuesday, October 29, 2024

“Judge Cannon won’t recuse from trial of accused Trump golf course gunman; Judge Aileen M. Cannon disputed speculation that she would favor the former president in hopes that he would nominate her to a higher judicial appointment”: Perry Stein of The Washington Post has this report.

And Alan Feuer of The New York Times reports that “Judge Refuses to Recuse Herself From Trump Assassination Case; The man accused of plotting to shoot Donald J. Trump at his golf course had asked the judge to step aside, saying she had been praised by the former president and listed as a possible Trump appointee.”

Posted at 9:55 PM by Howard Bashman



“Missouri voters may overturn one of nation’s strictest abortion bans; A constitutional amendment on the state ballot would protect ‘the right to make and carry out decisions about all matters relating to reproductive health care’”: Annie Gowen of The Washington Post has this report.

Posted at 9:52 PM by Howard Bashman



“Deploying on U.S. Soil: How Trump Would Use Soldiers Against Riots, Crime and Migrants; The former president’s vision of using the military to enforce the law domestically would carry profound implications for civil liberties.” Charlie Savage, Jonathan Swan, and Maggie Haberman of The New York Times have this report.

Posted at 9:20 PM by Howard Bashman



“Pennsylvania Mail Ballots at the Supreme Court; The Justices are asked to halt the state Supreme Court’s judicial rewrite on rejected mail ballots”: The Wall Street Journal has published this editorial.

Posted at 8:58 PM by Howard Bashman



“In a Legal House of Horrors, It’s an Office Contest That Scares the Judges Most; Staffers in Southern District spend weeks preparing for Halloween competition presided over by real jurists; ‘I don’t know if I’ll ever be as traumatized as I was then’”: Corinne Ramey will have this front page article in Wednesday’s edition of The Wall Street Journal.

Posted at 8:56 PM by Howard Bashman



“She said she had a miscarriage — then got arrested under an abortion law”: Caroline Kitchener of The Washington Post has this report.

Posted at 4:48 PM by Howard Bashman



“Partisanship Roils State Supreme Courts. Not in New Jersey. Unwritten traditions guide appointment process. Consensus-building steers court away from ‘big swings.’” Alex Ebert of Bloomberg Law has this report.

Posted at 4:44 PM by Howard Bashman



“Gun Owners’ Challenge to D.C. Magazine Limit Fails on Appeal; Plaintiffs sued over ban on magazines with more than 10 rounds; D.C. prohibition has historical analog, D.C. Cir. says”: Mike Vilensky of Bloomberg Law has this report.

And Ryan Knappenberger of Courthouse News Service reports that “DC Circuit swats Second Amendment challenge to ban on extended magazines; The challenge, which followed a 2022 Supreme Court decision requiring certain gun restrictions to have a ‘historical analogue’ in order to stand, is likely to find its way back to the high court.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: In other coverage, Salvador Rizzo of The Washington Post reports that “D.C.’s high-capacity magazine ban upheld by federal appeals court; A panel ruled in a 2-1 decision that that the limit of 10 rounds of ammunition remains constitutional after Supreme Court rulings bolstering gun rights.”

Posted at 4:40 PM by Howard Bashman



“Pennsylvania ‘Naked’ Ballots Fight Reaches US Supreme Court; Republicans want justices to intervene in swing-state fight; Dispute over voters getting second chance if ballot incomplete”: Zoe Tillman of Bloomberg News has this report.

Posted at 4:20 PM by Howard Bashman



“How the Newest Supreme Court Justices Compare. A Look at Each of Their Respective First Two Years on the Court.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 4:14 PM by Howard Bashman



Monday, October 28, 2024

“Secret Files in Election Case Show How Judges Limited Trump’s Privilege; The partly unsealed rulings, orders and transcripts open a window on a momentous battle over grand jury testimony that played out in secret, creating important precedents about executive privilege”: Charlie Savage and Alan Feuer of The New York Times have this report.

Posted at 10:30 PM by Howard Bashman



“Election Voting Battles Begin to Hit High Court; Republicans in Pennsylvania, Virginia ask justices to block lower court orders that could increase voting on the margins”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:20 PM by Howard Bashman



“Abortion Rights Dominate State Supreme Court Justice Campaigns; State high courts ‘new battleground’ for abortion rights; Arizona campaigns defend justices from removal efforts”: Brenna Goth of Bloomberg Law has this report.

Posted at 2:24 PM by Howard Bashman



“RNC is leading the legal charge for Trump amid echoes of 2020 election chaos; The Republican legal operation is more aggressive and organized than four years ago, but some lawyers involved in efforts to overturn Trump’s loss are still active”: Lawrence Hurley, Katherine Doyle, and Vaughn Hillyard of NBC News have this report.

Posted at 2:20 PM by Howard Bashman