How Appealing



Thursday, October 24, 2024

“A Supreme Court Decision Claimed to Take Partisanship Out of Gun Cases. It Didn’t. A Trace analysis of more than 1,600 rulings found that the Bruen decision has given judges remarkable leeway. The results have been starkly partisan.” Chip Brownlee of The Trace has this report.

Posted at 4:12 PM by Howard Bashman



“Márquez’s support of the Trump insurrection ruling should disqualify her from office; Vote not to retain Colorado Supreme Court Justice Márquez”: Mike Davis has this essay online at The Denver Post.

Posted at 4:10 PM by Howard Bashman



“Divided Pennsylvania Supreme Court, In Case Involving Mail-In and Provisional Ballots, Tees Up Potential Independent State Legislature Theory for U.S. Supreme Court”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 2:24 PM by Howard Bashman



Wednesday, October 23, 2024

“This Election Is Also a Choice Between Two Visions of the Federal Courts; Judges have vast influence over the biggest political questions; An analysis of President Biden and Donald J. Trump’s nominees found stark differences that could emerge again after November”: Mattathias Schwartz and June Kim of The New York Times have this report.

Posted at 9:16 PM by Howard Bashman



“National Association of Attorneys General Announces Winners for 2024 Supreme Court Best Brief Awards”: You can access that organization’s news release from earlier this month at this link.

Posted at 4:03 PM by Howard Bashman



“Texas Supreme Court justice’s oversight of trust belonging to millionaire with dementia raises ethics concerns; Despite objections from her family, John Devine oversees the trust of Elvie Kingston, a clear violation of Texas’ judicial ethics rules, experts said; His wife is also her legal guardian”: Robert Downen of The Texas Tribune has this report.

Posted at 2:48 PM by Howard Bashman



My client’s pending cert. petition is now fully briefed: You can access the filings in this case, raising an issue of Federal Arbitration Act preemption that divided the Pa. Supreme Court (majority opinion here; dissenting opinion here), via this link.

Posted at 2:42 PM by Howard Bashman



“A Supreme Court reshaped by Trump has a low profile in this presidential campaign”: Mark Sherman and Lindsay Whitehurst of The Associated Press have this report.

Posted at 2:35 PM by Howard Bashman



Tuesday, October 22, 2024

“J&J’s Latest Talc Bankruptcy Bid Must Be Dismissed, DOJ Says; DOJ bankruptcy unit moves to toss J&J affiliate’s bankruptcy; J&J maneuver was made in bad faith, DOJ unit says”: Evan Ochsner of Bloomberg Law has this report.

Posted at 1:45 PM by Howard Bashman



“The Princess and the Justice; Princess Gloria von Thurn und Taxis bonded with Justice Samuel A. Alito Jr. over Catholicism and ending abortion; She introduced him to her sumptuous world when he visited her Bavarian palace”: Abbie VanSickle and Philip Kaleta of The New York Times have this report.

Posted at 10:50 AM by Howard Bashman



Monday, October 21, 2024

“Judicial Notice (10.20.24): Blast Off; A justice under indictment, Elon Musk’s latest lawsuit, a MAGA legal warrior, and a Biglaw firm’s aggressive response to a discrimination lawsuit.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:00 PM by Howard Bashman



“High court passes on guns, agency authority as dust settles from blockbuster rulings; The justices turned down petitions on felon gun ownership and presidential firing power, for now”: Kelsey Reichmann of Courthouse News Service has this report.

You can access today’s Order List of the U.S. Supreme Court at this link.

Posted at 4:24 PM by Howard Bashman



“First Openly Transgender Lawyer to Argue at Supreme Court; ACLU’s Chase Strangio will argue on behalf of minors and their families; Tennessee one of 22 states that ban gender affirming care for minors”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 4:22 PM by Howard Bashman



“What Can Memoirs by Supreme Court Justices Teach Us? We’re primed to read Justices’ accounts of their lives for clues to their jurisprudence. Should we?” Amy Davidson Sorkin has this Books essay in the October 28, 2024 issue of The New Yorker.

Posted at 4:03 PM by Howard Bashman



“States Revive Lawsuit to Sharply Curb Access to Abortion Pill; The Supreme Court ruled in June that the original plaintiffs, anti-abortion doctors and groups, did not have standing to sue; Now three states are trying to continue the legal fight”: Pam Belluck of The New York Times has this report.

Posted at 3:58 PM by Howard Bashman



“Neil Gorsuch Has No One to Blame But Himself; The Supreme Court justice bemoans overzealous prosecutors; But it’s his favorite legal theory — textualism — that has encouraged their behavior”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 3:56 PM by Howard Bashman



“A Writer Sees Leniency in the Supreme Court’s Approach to Public Corruption; A Georgetown law professor argues that five rulings by the justices in recent years have allowed behavior that is ‘sketchy as hell’ and meant to make the judiciary look good by contrast”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 3:55 PM by Howard Bashman



“A Second Trump Term Would Cement a Supreme Court Revolution; Electing the Republican candidate would likely extend conservative control of the court for another 25 years”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 3:52 PM by Howard Bashman



Saturday, October 19, 2024

“Rare Copy of U.S. Constitution Sells for More Than $11 Million; The document, which was sold to an anonymous bidder at an auction in North Carolina, was among the first copies of the Constitution ever printed, experts said”: Hank Sanders of The New York Times has this report.

Posted at 8:58 PM by Howard Bashman



“Mike Davis trolls the left online. He could also help Trump pick MAGA judges. Mike Davis, a omnipresent and combative presence on right-wing media, has also positioned himself to be a key adviser on judicial selection for Donald Trump if he is reelected.” Beth Reinhard and Marianne LeVine of The Washington Post have this report.

Posted at 8:04 PM by Howard Bashman



Friday, October 18, 2024

“Why Is a Law School Supreme Court Clinic Taking a Straight Rights Case? Clinical legal education is supposed to serve the public interest. In Ames v. Ohio Department of Youth Services, it’s pushing the conservative policy agenda instead.” Jay Willis has this essay online at Balls and Strikes.

Posted at 4:32 PM by Howard Bashman



Thursday, October 17, 2024

“This Ivy League Professor Accused of Racism Was Suspended. Now, She’s Fighting Back. The University of Pennsylvania found Amy Wax had a long history of unprofessional conduct; she says it’s protected speech.” Joseph De Avila of The Wall Street Journal has this report.

Posted at 9:46 PM by Howard Bashman



“Charlie Adelson lawyer says conflicts that derailed mom’s trial ‘infected’ his trial too”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 9:34 PM by Howard Bashman



Wednesday, October 16, 2024

“N.H. Supreme Court justice indicted on charges she interfered with a criminal investigation into her husband; Anna Barbara ‘Bobbie’ Hantz Marconi, appointed in 2017 by Governor Christopher Sununu, had been on administrative leave since July”: Steven Porter of The Boston Globe has this report.

Charlotte Matherly of The Concord (N.H.) Monitor reports that “State Supreme Court justice charged with attempting to interfere with criminal investigation into her husband.”

Todd Bookman of New Hampshire Public Radio reports that “NH Supreme Court Justice facing felony charges for investigation meddling.”

Steve LeBlanc of The Associated Press reports that “New Hampshire Supreme Court justice indicted for allegedly interfering with probe of husband.”

Nate Raymond of Reuters reports that “New Hampshire Supreme Court justice indicted for inferring with probe.”

And Ethan DeWitt of New Hampshire Bulletin reports that “New Hampshire Supreme Court Justice Anna Marconi indicted on two felony charges.”

The New Hampshire Department of Justice issued this news release about the matter today.

Posted at 10:08 PM by Howard Bashman



“Nebraska Supreme Court Upholds Voting Rights for Felons; Legislators voted to restore voting rights to more people convicted of felonies, but a dispute over that law’s constitutionality created pre-election confusion”: Mitch Smith of The New York Times has this report.

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

Posted at 1:00 PM by Howard Bashman



“A 2024 Supreme Court Preview, With Morgan Ratner: Ratner, 38, is a current Sullivan & Cromwell partner, former assistant to the U.S. solicitor general, and incredibly insightful analyst of the Supreme Court.” David Lat has posted online this new installment of his “Original Jurisdiction” podcast.

Posted at 12:52 PM by Howard Bashman



“San Francisco is battling with itself over a Supreme Court appeal it will likely win”: John Fritze of CNN has this report.

Posted at 9:58 AM by Howard Bashman



“The nightmare facing Democrats, even if Harris wins; If Harris wins, the Republican Party will almost certainly be able to veto anything she does, thanks to our broken Constitution”: Ian Millhiser has this essay online at Vox.

Posted at 9:56 AM by Howard Bashman



“Pennsylvania Faces a Moment of Truth for Life Without Parole; The Pennsylvania Supreme Court is considering whether requiring life in prison without the possibility of parole for so-called felony murder is unconstitutional”: Kathrina Szymborski Wolfkot and Anna Benham have this article online at State Court Report.

Posted at 9:55 AM by Howard Bashman



Tuesday, October 15, 2024

“Supreme Court Leans Toward Truck Driver Fired Over Drug Test; The driver, Douglas Horn, sued the maker of a product said to be free of THC under a federal racketeering law, saying he had suffered a business injury”: Adam Liptak of The New York Times has this report.

Maureen Groppe of USA Today has an article headlined “Supreme Court deciding if trucker can use racketeering law to sue CBD company after failed drug test; Did a CBD supplement that led to a failed drug test hurt a truck driver’s ability to earn money? Or did it cause a ‘chemical bodily invasion?’ Those questions are at the core of the Supreme Court case.”

And Alex Swoyer of The Washington Times reports that “Supreme Court hears challenge between marijuana firms and trucker fired after failing drug test.”

Posted at 10:24 PM by Howard Bashman