How Appealing



Monday, October 28, 2024

“If Harris wins, will the Supreme Court steal the election for Trump? It depends on how much Harris can run up the score.” Ian Millhiser has this essay online at Vox.

Posted at 2:14 PM by Howard Bashman



“Donna Adelson hires former judge, local defense attorney to represent her in murder trial”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 2:11 PM by Howard Bashman



“105. The Supreme Court and the 2024 Election, Part I: A quick overview of the election-related disputes that are likely to reach the justices between now and next Tuesday — and the big one that almost certainly won’t.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:46 AM by Howard Bashman



“The 1798 Law Inspiring Trump’s Mass Deportation Dreams: America has left a loaded anti immigrant gun lying around; A future administration could pick it up and use it against millions of people.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 10:42 AM by Howard Bashman



“The Improbable Rise of J. D. Vance: ‘Hillbilly Elegy’ made him famous, and his denunciations of Donald Trump brought him liberal fans; Now, as a Vice-Presidential candidate, he’s remaking his image as the heir to the MAGA movement.” Benjamin Wallace-Wells has this profile in the November 4, 2024 issue of The New Yorker.

Posted at 10:38 AM by Howard Bashman



Sunday, October 27, 2024

“How the 2024 Election Will Reshape the Supreme Court”: Elie Honig has this post at the “Intelligencer” blog of New York magazine.

Posted at 9:02 PM by Howard Bashman



“Supreme Court ignites wave of lawsuits against federal regulations; Major businesses cited a trio of pivotal rulings from June in a bid to invalidate a vast array of federal climate, education, health and labor rules”: Tony Romm of The Washington Post has this report.

Posted at 9:00 PM by Howard Bashman



“Elon Musk Beats Biden’s Regulators on Free Speech; The Fifth Circuit Court of Appeals overrules the National Labor Relations Board over deleting a tweet”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:33 PM by Howard Bashman



“Judicial Notice (10.27.24): Money Talks; Susman’s $1.6 billion win, Kobre’s $605 million jury verdict, possible AG picks for Donald Trump, and a prominent litigator turned NYC mayoral candidate.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:30 PM by Howard Bashman



“The Supreme Court’s Future Is on the Ballot; Harris endorses a wholesale restructuring of the judiciary and breaking the Senate filibuster rule to pass it”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:20 PM by Howard Bashman



Saturday, October 26, 2024

“How Many Votes Are Likely at Stake in the PA Litigation Over Absentee Ballots for Which the RNC is Seeking Supreme Court Review?” Richard Pildes has this post at the “Election Law Blog.”

Posted at 9:56 PM by Howard Bashman



“Democrats Ready Thousands of Lawyers for Final Days of Race; Harris campaign’s legal teams meld law-firm partners with local specialists steeped in their states’ terrains”: Mariah Timms and Jan Wolfe of The Wall Street Journal have this report.

According to the article, “Other heavy hitters in the Harris camp include two lawyers who served as U.S. solicitor general: Seth Waxman, who has argued more than 80 cases at the Supreme Court; and Donald Verrilli, who successfully defended the constitutionality of the Affordable Care Act in a landmark 2012 case.”

Posted at 9:50 PM by Howard Bashman



Friday, October 25, 2024

“Misplaying the Race Card: A look back at Ed Carnes’s Eleventh Circuit nomination.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:54 PM by Howard Bashman



“Illegitimate Attacks on the Court’s Legitimacy; The most common left-wing attacks on the Supreme Court are based on politics, not law”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 9:48 PM by Howard Bashman



“At odds over email and abortion rulings, Arkansas Supreme Court justices seek chief justice post; Both candidates claim the mantles of transparency and conservative”: Sonny Albarado of Arkansas Advocate has this report.

Posted at 9:26 PM by Howard Bashman



“How To Reform Law Schools: Boycott Law Clerks Or Divest Funding? Judges Ho and Thapar favor different approaches.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:24 PM by Howard Bashman



“Justice Jeffrey Funke chosen as Nebraska’s next chief justice after Justice Heavican retires; Funke’s elevation leaves another vacancy for first-term Gov. Jim Pillen to fill in the coming months”: Zach Wendling of Nebraska Examiner has this report.

Posted at 9:21 PM by Howard Bashman



“How the Country’s Understanding of Abortion Could Change if Trump Wins; Activists on both sides say Trump could effectively ban abortion nationwide and establish fetal personhood, the longtime goal of the anti-abortion movement”: Kate Zernike of The New York Times has this report.

Posted at 8:48 PM by Howard Bashman



“Mississippi’s Absentee Ballot Measure Violates Federal Law, Appeals Court Rules; The law requires officials to count absentee ballots received by mail up to five days after Election Day; It appears unlikely that the ruling will affect the current election”: Isabelle Taft of The New York Times has this report.

Patrick Marley of The Washington Post reports that “Court rules ballots that arrive late shouldn’t be counted despite postmarks; The 5th Circuit’s ruling in a Mississippi case could have implications for other states with similar laws.”

And Tierney Sneed of CNN reports that “Trump-appointed appeals court judges say Mississippi is violating federal law with mail ballot deadline but don’t block it.”

You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:34 PM by Howard Bashman



“Supreme Court rejects suspension for Scranton attorney”: James Halpin of The Citizens’ Voice of Wilkes-Barre, Pennsylvania has an article that begins, “The Supreme Court of Pennsylvania has rejected an effort to suspend a Scranton-based attorney for 90 days based on an attorneys’ fee petition he filed in a civil lawsuit, finding there was no attempt at deception when he sought an award of over $1.1 million in fees, costs and interest.”

You can access yesterday’s ruling of the Supreme Court of Pennsylvania at this link.

Posted at 8:22 PM by Howard Bashman



“All NH Supreme Court justices recuse themselves in indicted colleague’s disciplinary case; Lawyers for indicted justice say no crimes were committed”: Tim Callery and Ross Ketschke of WMUR in Manchester, New Hampshire have this report.

Posted at 8:16 PM by Howard Bashman



Thursday, October 24, 2024

“Trump Seeks to Challenge Jack Smith’s Appointment in Election Case; The former president’s request to file a new motion contesting how the special counsel got his job came on the same day he vowed to fire him if re-elected”: Alan Feuer of The New York Times has this report.

And Spencer S. Hsu and Perry Stein of The Washington Post report that “Trump challenges special counsel Jack Smith appointment in Jan. 6 case; Former president asks Judge Tanya Chutkan to set aside D.C. Circuit precedent, citing doubts raised by Justice Clarence Thomas in a separate ruling.”

Posted at 9:37 PM by Howard Bashman



“Maine Supreme Judicial Court justice violated ethical code, committee says; A judicial conduct panel is recommending that Justice Catherine Connors, a former private attorney who represented banks, be sanctioned for not recusing herself from 2 cases that upended the state’s foreclosure process”: Hannah LaClaire of The Portland Press Herald has this report.

You can access the Committee on Judicial Conduct’s report at this link.

Posted at 8:09 PM by Howard Bashman



“Supreme Court ‘friends’ leave justices more questions than answers; Interactions with the justices are few and far between but just about anyone can inject their opinion into the latest Supreme Court legal battle set to shape decades of American life”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 4:52 PM by Howard Bashman



“Fifth Circuit Divide Sees Bush Judges Check Trump Appointees; Bush appointees thwart some legal review sought by Trump judges; They act as key votes on conservative court”: Jacqueline Thomsen of Bloomberg Law has this report.

Posted at 4:48 PM by Howard Bashman



“Judge Urges Law School Donation Halt Until Originalism Taught; Amul Thapar urged donors to withhold money to law schools; 6th Circuit judge took issue with lack of originalism courses”: Suzanne Monyak of Bloomberg Law has this report.

And Nate Raymond of Reuters reports that “Conservative US judge pushes yanking law school funding until ‘originalism’ taught.”

The Heritage Foundation has posted on YouTube a video of the event titled “The 2024 Joseph Story Distinguished Lecture: Why Originalist Courts Need Originalist Classrooms.”

Posted at 4:40 PM by Howard Bashman



“Attack ads target 3 Oklahoma Supreme Court justices ahead of November vote”: M. Scott Carter of The Oklahoman has this report.

Posted at 4:30 PM by Howard Bashman



“If it survives in court, Texas’ immigration law could upend immigration enforcement nationwide; Texas challenged federal supremacy by creating a state crime for illegal entry into the U.S.; The courts will decide whether it’s constitutional — and whether other states can follow Texas’ lead”: Alejandro Serrano of The Texas Tribune has this report.

Posted at 4:24 PM by Howard Bashman