How Appealing



Monday, November 11, 2024

“Fed chair’s job security depends on embattled Supreme Court precedent”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 10:04 PM by Howard Bashman



“Ex-fiancée must return $70K ring after failed engagement, court says; Massachusetts’s highest court reversed a longstanding ruling, saying an engagement ring must be returned if the wedding falls through”: Kyle Melnick of The Washington Post has this report.

Posted at 10:02 PM by Howard Bashman



“Minority-owned firms fear ‘crisis’ as affirmative action programs fall; Some cases making their way through federal courts could have catastrophic consequences for minority-owned businesses that do work for the federal government”: Julian Mark of The Washington Post has this report.

Posted at 9:57 PM by Howard Bashman



“Women stockpile abortion pills before Trump term; Reproductive-health organizations and companies said demand for ‘morning after’ pills, intrauterine devices and vasectomies has also increased”: Marisa Iati of The Washington Post has this report.

Posted at 9:55 PM by Howard Bashman



“How America Embraced Gender War: Both Trump’s and Harris’s campaigns framed the Presidential election as a contest between men and women. Did the results prove them right?” Jia Tolentino has this article in the November 18, 2024 issue of The New Yorker.

And Jill Lepore has an article headlined “Democrats Tried to Counter Donald Trump’s Viciousness Toward Women with Condescension; The Harris campaign felt the need to remind women voters that they can vote for whomever they want; Women understood this; The campaign failed to.”

Posted at 9:33 PM by Howard Bashman



“Why Trump Needs Recess Appointments: The Senate has become too slow to confirm officials; It can help things along by adjourning.” In Tuesday’s edition of The Wall Street Journal, Don McGahn will have an op-ed that begins, “When President Dwight Eisenhower appointed William Brennan to the Supreme Court in 1956, the Senate was in recess. Eisenhower made the appointment unilaterally, in accordance with the Constitution’s Recess Appointments Clause. Brennan was confirmed after the new Congress convened in 1957.”

Posted at 9:12 PM by Howard Bashman



“Margins narrowing in NC Supreme Court race as officials finish tallying votes; A recount remains possible in the NC Supreme Court race; Democratic incumbent Justice Allison Riggs still trails Republican challenger Jefferson Griffin; But as the final provisional and mail-in ballots are being counted, the race has tightened”: Will Doran of WRAL has this report.

Posted at 8:44 PM by Howard Bashman



“Wisconsin Supreme Court hears arguments over 1849 abortion ban”: Jessica Van Egeren and Jessie Opoien of The Milwaukee Journal Sentinel have this report.

Mitchell Schmidt of The Wisconsin State Journal reports that “1849 abortion law has been effectively repealed, liberal Wisconsin Supreme Court justices argue.”

Danielle Paquette of The Washington Post reports that “Wisconsin’s high court hears case set to decide state’s abortion rights; At issue is a pre-Civil War law that would completely bar the procedure, with no exceptions for incest, rape or to save the life of a pregnant woman.”

Alice Herman of The Guardian reports that “Wisconsin supreme court seems hostile to 1849 abortion ban in oral arguments; Status of abortion in state has been contested since Roe was overturned, triggering the 175-year-old ban into effect.”

And Todd Richmond of The Associated Press reports that “Wisconsin Supreme Court grapples with whether state’s 175-year-old abortion ban is valid.”

FOX6 News Milwaukee has posted the video of today’s Wisconsin Supreme Court oral argument on YouTube at this link.

Posted at 4:38 PM by Howard Bashman



“One of Trump’s Few Checks on Power? The Supreme Court He Shaped. Across-the-board tariffs, mass deportation could get scrutiny. Court’s conservative majority hasn’t always come to his aid.” Greg Stohr of Bloomberg News has this report.

Posted at 4:26 PM by Howard Bashman



“The New Pro-Life Playbook: Under Trump, a new vision of conservative family policy is ascendant.” Emma Green has this article in the November 18, 2024 issue of The New Yorker.

Posted at 1:34 PM by Howard Bashman



“‘No Way’: Ex-DOJ Official Names 1 Issue Where Trump Will Lose ‘Every Day’ In Court; Neal Katyal warns the president-elect that even a conservative Supreme Court likely won’t be on board with this part of his agenda.” Ed Mazza of HuffPost has this report.

I look forward to seeing Katyal speak this Friday morning in Boston.

Posted at 1:30 PM by Howard Bashman



“Abortion-rights groups see mixed success in races for state Supreme Court seats”: Andrew DeMillo of The Associated Press has this report.

Posted at 1:28 PM by Howard Bashman



“Trump’s tariffs could tank the economy. Will the Supreme Court stop them? President-elect Trump is his own worst enemy, unless his fellow Republicans on the Supreme Court intervene.” Ian Millhiser has this essay online at Vox.

Posted at 1:26 PM by Howard Bashman



“GOP sweeps Texas Supreme Court, despite efforts of abortion rights PAC”: Bayliss Wagner of The Austin American-Statesman has this report.

Posted at 1:20 PM by Howard Bashman



“Supreme Court Last Stop for Goodwin Partner Before Leaving Firm; Gerard Cedrone will make high court debut Nov. 12; Later this year, he’ll leave Goodwin for state government”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 10:18 AM by Howard Bashman



“108. Recess Appointments and/in the Supreme Court: President-Elect Trump is already proposing to bypass a Republican-controlled Senate to install many of his nominees; But could he also do that to fill a seat on the Supreme Court? Yes, albeit briefly.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:14 AM by Howard Bashman



Sunday, November 10, 2024

“For legal disputes, Elon Musk’s X picked a venue far from Texas HQ; By changing his company’s terms of service, Elon Musk has ensured that lawsuits against X will be heard in courthouses that are a hub for conservative judges”: Tobi Raji of The Washington Post has this report.

Posted at 9:53 PM by Howard Bashman



“How the Supreme Court Helped Democrats: Their losses would have been greater without rulings that protected campaign spending as political free speech.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 9:33 PM by Howard Bashman



“Military Judge Postpones Guilty Plea Proceedings in Sept. 11 Case; The judge asked defense and prosecution lawyers to settle on a date for the accused mastermind of the terrorist attacks to plead guilty”: Carol Rosenberg of The New York Times has this report.

Posted at 9:32 PM by Howard Bashman



“Trump Demands Republicans Allow Some Nominees to Bypass Senate; Incoming president says next GOP leader must agree to permit recess appointments to speed up filling posts”: Siobhan Hughes and Jess Bravin of The Wall Street Journal have this report.

And Mariana Alfaro of The Washington Post reports that “Trump, allies signal they will try to call the shots for Republican-led Senate; President-elect Donald Trump on Sunday demanded that the next Senate GOP leader allow him to make appointments to his administration and the courts without Senate approval.”

Posted at 9:17 PM by Howard Bashman



“Judicial Notice (11.10.24): Trumpworld; White House counsel contenders, SCOTUS retirement speculation, Project Veritas v. CNN, and optimism about M&A work.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:08 PM by Howard Bashman



“Justice Sonia Sotomayor Is Expected to Remain on Supreme Court; Some liberal activists have called for the 70-year-old Obama appointee to retire before Trump can fill her seat”: Jess Bravin of The Wall Street Journal has this report.

Posted at 9:03 PM by Howard Bashman



Saturday, November 9, 2024

“Trump has shaped the Supreme Court, but it could still hinder his agenda; Although the court has three Trump appointees as part of its 6-3 conservative majority, it has not always ruled for him and could push back on expansive uses of executive power”: Lawrence Hurley of NBC News has this report.

Posted at 9:32 PM by Howard Bashman



“Trump’s Back, This Time Without Guardrails. Can anything be done to mitigate MAGA’s harms the second time around?” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 9:30 PM by Howard Bashman



“Trump’s election sparks speculation and infighting over future Supreme Court vacancies”: John Fritze and Paula Reid of CNN have this report.

Posted at 9:25 PM by Howard Bashman



“What Donald Trump’s Victory Means for the Supreme Court; Special 2024 elections edition”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:44 PM by Howard Bashman



“It Is Too Late For a ‘Should Sotomayor Retire?’ Discourse; The time for Senate Democrats to worry about the future of the Supreme Court was well before a devastating election loss that will lock them out of power for the next four years”: Jay Willis has this essay online at Balls and Strikes.

Posted at 1:42 PM by Howard Bashman



“Trump wants to expand the federal death penalty, setting up legal challenges in second term; The president-elect ramped up executions in his first term; He has since suggested putting to death human and drug traffickers and migrants who kill U.S. citizens”: Erik Ortiz of NBC News has this report.

Posted at 1:38 PM by Howard Bashman



“Three nominated for upcoming vacancy on Alaska Supreme Court; Gov. Mike Dunleavy will have 45 days to make a final selection that will make the court majority female for the first time”: James Brooks of Alaska Beacon has this report.

Posted at 1:35 PM by Howard Bashman



“As Trump grasps unprecedented power, the Supreme Court’s decision on presidential immunity looms large”: John Fritze of CNN has this report.

Posted at 1:34 PM by Howard Bashman