How Appealing



Monday, February 24, 2025

“Supreme court justice calls out lawyer for citing AI-generated ‘phantom rulings’; Supreme Court Justice Kanfi-Steinitz exposes a lawyer’s use of artificial intelligence to fabricate legal precedents, highlighting growing concerns about AI’s misuse in Israel’s legal system”: Bini Ashkenazi of The Jerusalem Post has this report.

Posted at 9:42 PM by Howard Bashman



“Supreme Court Justices Appear Narrowly Divided Over Death Row Prisoner Plea for DNA Testing; The justices heard arguments in the case of a man on death row in Texas who claims DNA testing could spare his life”: Abbie VanSickle of The New York Times has this report.

Posted at 9:26 PM by Howard Bashman



“Straight woman lost two jobs to gay colleagues. Supreme Court will decide if she can sue. Lower courts said Marlean Ames hadn’t backed up her claim that the Ohio Department of Youth Services is ‘that unusual employer who discriminates against the majority.’” Maureen Groppe of USA Today has this report.

Posted at 9:22 PM by Howard Bashman



“Trump’s Justice Department enforcer is no stranger to complaints about his conduct”: Joshua Goodman, Jim Mustian, and Eric Tucker of The Associated Press have this report.

Posted at 5:16 PM by Howard Bashman



“Death penalty DNA debacle sparks broader questions over compliance with court orders ; Several Supreme Court justices worried that a low-profile death penalty appeal could upend fundamental judicial principles”: Kelsey Reichmann of Courthouse News Service has this report.

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “US Supreme Court Weighs DNA Evidence for Death Row Defendant; Case over whether lack of DNA testing can be challenged; Justices decided similar dispute in 2023 involving Rodney Reed.”

Posted at 5:14 PM by Howard Bashman



“US Attorney’s ‘Operation Whirlwind’ Is About Retribution; Ed Martin’s pledge to investigate threats is more about chilling political speech than protecting the public”: Barbara McQuade has this essay online at Bloomberg Opinion.

Posted at 5:11 PM by Howard Bashman



“The Delirious, Violent, Impossible True Story of the Zizians: A handful of gifted young tech people set out to save the world; For years, WIRED has been tracking each twist and turn of their alleged descent into mayhem and death.” Evan Ratliff of Wired has this report (subscription required for full access).

Posted at 4:55 PM by Howard Bashman



“While Democracy Burns, Democrats Prioritize . . . Demolishing Section 230?” Mike Masnick of Techdirt has this post.

Posted at 4:52 PM by Howard Bashman



“The long wait for a glimpse of Luigi: Despite being out of the public eye for months, the popular frenzy around Mangione is alive and well.” Mia Sato of The Verge has this report.

Posted at 4:50 PM by Howard Bashman



“Federal judge says he will not recuse from trans athlete case over courtroom pronoun policy; ‘And no party should continue to confuse the Court’s show of respect and courtesy for bias,’ wrote Judge S. Kato Crews”: Michael Karlik of Colorado Politics has this report.

You can access the court’s ruling at this link.

Posted at 3:20 PM by Howard Bashman



“Justice Thomas lambasts writ denial of paralyzed Air National Guard member’s tort claims; The George H.W. Bush appointee said service members should be afforded the same chance at relief for government negligence as civilians”: Joe Dodson of Courthouse News Service has this report.

Posted at 3:11 PM by Howard Bashman



“The Supreme Court hears a challenge to a DEI rule that genuinely needs to go; Ames v. Ohio should be an easy — and potentially unanimously decided — case, assuming the Court doesn’t overreach”: Ian Millhiser has this essay online at Vox.

Posted at 3:03 PM by Howard Bashman



“126. The ‘Fixed Star in Our Constitutional Constellation’: It’s worth spending time with Justice Robert Jackson’s 1943 majority opinion holding that the First Amendment bars compulsory flag salutes and compelled recitations of the Pledge of Allegiance.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 3:00 PM by Howard Bashman



“Statement of First Circuit Court of Appeals Regarding Passing of Judge Bruce M. Selya”: The U.S. Court of Appeals for the First Circuit issued this news release yesterday.

Posted at 2:55 PM by Howard Bashman



“Long Live The King? Spotting the difference between ‘muscular unitary executive’ and ‘monarchy’ is getting tougher by the day.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 2:53 PM by Howard Bashman



“DOJ Slip-Ups Show Challenges of Defending Trump’s Freewheeling Approach; Judges have questioned whether government legal arguments and factual presentations are accurate”: C. Ryan Barber, Josh Dawsey, and Jacob Gershman of The Wall Street Journal have this report.

Posted at 2:50 PM by Howard Bashman



“Georgia Republicans push for Clarence Thomas statue by state Supreme Court”: Greg Bluestein, Tia Mitchell, Patricia Murphy, and Adam Beam of The Atlanta Journal-Constitution have this report.

Posted at 2:45 PM by Howard Bashman



“The Chaos of Trump’s Guantánamo Plan; The confusion surrounding the detention of migrants at the base and their sudden deportation shouldn’t be mistaken for a broader lack of planning”: Jonathan Blitzer has this Comment in the Talk of the Town section of the March 3, 2025 issue of The New Yorker.

Posted at 11:15 AM by Howard Bashman



“Before he became Trump’s bulldog at DOJ, Emil Bove was nearly demoted for bellicose management style; When Bove worked in the Manhattan U.S. attorney’s office, some colleagues saw his conduct as abusive, prompting office leaders to open an internal inquiry”: Erica Orden of Politico has this report.

Posted at 11:14 AM by Howard Bashman



Sunday, February 23, 2025

“DOJ Accuses Judge of ‘Misconduct’ in Trans Military Ban Case; Reyes accused of mistreating DOJ attorney during hearing; Complaint will be reviewed by DC court’s chief judge”: Erik Larson and Zoe Tillman of Bloomberg News have this report.

Posted at 9:46 PM by Howard Bashman



“Judiciary Tells Judges, Staff to Ignore Email to Explain Work; Some judges, court staff got Musk-led email to explain jobs; Experts say executive branch lacks authority over judiciary”: Suzanne Monyak and Jacqueline Thomsen of Bloomberg Law have this report.

Posted at 8:11 PM by Howard Bashman



“Judicial Notice (02.23.25): How Appalling; Impeachment articles against Judge Paul Engelmayer, Paul Clement’s latest project, a notable hire by Hecker Fink, and more DOJ departures.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:03 PM by Howard Bashman



“Revered RI judge Bruce M. Selya, known for distinctive writing style, dies at 90”: Antonia Noori Farzan of The Providence Journal has this report, which includes a link to my “20 Questions for the Appellate Judge” interview with Judge Selya from March 2024.

And Edward Fitzpatrick of The Boston Globe reports that “Federal Judge Bruce Selya, widely respected R.I. jurist known for his vocabulary, dies at 90; US Senator Jack Reed described the judge as ‘a legal legend’ and ‘a man of great wisdom, integrity, modesty, wit, and high ethical standards.’

Posted at 1:40 PM by Howard Bashman



“Reasoning backward and forward; Birthright citizenship and the horseshoe”: Adam Unikowsky has this post at his “Adam’s Legal Newsletter” Substack site.

Posted at 10:34 AM by Howard Bashman



Saturday, February 22, 2025

“Supreme Court Rejects Holocaust Survivors’ Suit Against Hungary; The justices unanimously ruled that the plaintiffs had not established a connection to the United States required by the Foreign Sovereign Immunities Act”: Adam Liptak of The New York Times has this report.

And Maureen Groppe of USA Today has an article headlined “Unemployment benefits: Supreme Court says these workers can sue over delays; State labor departments are supposed to issue most of the of first payments for unemployment benefits within weeks; But there rarely are penalties.”

Posted at 9:15 PM by Howard Bashman



Friday, February 21, 2025

“George W. Bush’s Dashed Hopes; Wrapping up judicial confirmations in his first term”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 10:08 PM by Howard Bashman



“Republicans have a chance to transform the Pa. Supreme Court this year”: Stephen Caruso of Spotlight PA and Carter Walker of Votebeat have this report.

Posted at 9:54 PM by Howard Bashman



“NC Supreme Court won’t fast-track lawsuit challenging 60K ballots in race for one of its own seats; Republican Jefferson Griffin wants his case to be heard by the state Court of Appeals, while Democrat Allison Riggs and the State Board of Elections wanted to bring it directly to the Supreme Court; The Supreme Court sided with Griffin on taking the slower route”: Will Doran of WRAL has this report.

Posted at 9:51 PM by Howard Bashman