How Appealing



Saturday, June 22, 2024

“Clarence Thomas was snubbed in the Supreme Court’s gun ruling. So were a few other people. There are clear winners and losers — but Chief Justice John Roberts got in a few digs for both sides, too.” Josh Gerstein of Politico has this report.

Posted at 8:50 PM by Howard Bashman



“The Supreme Court Steps Back from the Brink on Guns; A new ruling upholds a law barring those under certain domestic-violence restraining orders from possessing firearms — but the Court’s stance on gun laws remains trapped in ambiguity”: Amy Davidson Sorkin has this Daily Comment online at The New Yorker.

Posted at 8:42 PM by Howard Bashman



“Rahimi and The Roberts Court’s All New, Also Old, Second Amendment Doctrine: A (mostly) embarrassed Supreme Court majority tries to clean up sloppy (and deadly) Bruen with vague Rahimi. *Justice Thomas is not embarrassed.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:40 PM by Howard Bashman



“After gun control victory at Supreme Court, justices have other firearms cases in their sights; The latest ruling is likely the first of many in which gun rights advocates challenge restrictions; One of those cases could affect Hunter Biden’s recent conviction”: Lawrence Hurley and Dareh Gregorian of NBC News have this report.

Posted at 8:38 PM by Howard Bashman



“Crime Labs Are Drowning in Work. That Hurts Us All. In Smith v. Arizona, the Supreme Court again insisted that lab techs must testify in court about their findings. It’s a distraction from their day job.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 8:34 PM by Howard Bashman



Friday, June 21, 2024

“Supreme Court rules against Los Angeles couple denied visa in part over husband’s tattoos”: Andrea Castillo of The Los Angeles Times has this report.

Posted at 10:08 PM by Howard Bashman



“Supreme Court Upholds Law Disarming Domestic Abusers; The decision amounted to a retreat from what had been an unbroken series of major decisions expanding gun rights that started in 2008”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court upholds gun ban for domestic violence restraining orders; Narrowly tailored ruling did not address how the 2022 Bruen decision may impact other gun laws being challenged in lower courts.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rejects gun rights for people accused of domestic violence.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Says Domestic Abusers Can Be Denied Guns; Texas man who threatened ex-girlfriend loses Second Amendment rights.”

Maureen Groppe and Bart Jansen of USA Today report that “Supreme Court upholds law banning domestic abusers from owning guns; The decision showed that a conservative court which has expanded gun rights also sees areas for limitations.”

And Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court rules dangerous people can be disarmed temporarily under Second Amendment.”

Posted at 10:05 PM by Howard Bashman



“The Supreme Court’s Thoughtful Gun Ruling; In Rahimi, the Justices uphold a law stripping guns from an alleged domestic abuser, but a debate breaks out over originalism and the Second Amendment”: This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 9:40 PM by Howard Bashman



“Trump’s Allies Say They’ll Enforce the Comstock Act. Believe Them.” Columnist Michelle Goldberg has this essay online at The New York Times.

Posted at 4:56 PM by Howard Bashman



“Louisiana’s Ten Commandments Law Signals a Broader Christian Agenda; Gov. Jeff Landry wants his state to be at the forefront of a national movement to advance legislation with a Christian worldview”: Rick Rojas, David W. Chen, and Elizabeth Dias of The New York Times have this report.

Posted at 4:55 PM by Howard Bashman



“Only Clarence Thomas Is Willing to Give a Gun to a Domestic Abuser; The 8-1 ruling should make clear that not all the conservative justices are on board with the new ‘history and tradition’ way of deciding cases”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 4:42 PM by Howard Bashman



“The Supreme Court Walks Back Clarence Thomas’ Guns Extremism”: Mark Joseph Stern has this Jurisprudence essay online at Slate.

Online at Vox, Ian Millhiser has an essay titled “The Supreme Court refuses to accept blame for its worst guns decision; US v. Rahimi is completely incoherent, and it faults lower courts for the justices’ own incompetence.”

And at Balls and Strikes, Madiba K. Dennie has an essay titled “John Roberts Did a Very Bad Job Cleaning Up the Supreme Court’s Second Amendment Mess; Two years after the decision in Bruen, the conservative justices aren’t so sure about this whole ‘history and tradition’ thing after all.”

Posted at 4:25 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in five argued cases.

1. Justice Ketanji Brown Jackson delivered the opinion of the Court in Texas v. New Mexico, No. 141, Orig. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justices Clarence Thomas, Samuel A. Alito, Jr., and Amy Coney Barrett joined. You can access the oral argument via this link.

2. Justice Barrett delivered the opinion of the Court in Department of State v. Munoz, No. 23-334. Justice Gorsuch issued an opinion concurring in the judgment. And Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Kagan and Jackson joined. You can access the oral argument via this link.

3. Justice Gorsuch delivered the opinion of the Court in Erlinger v. United States, No. 23-370. Chief Justice John G. Roberts, Jr. and Justice Thomas each filed a concurring opinion. Justice Brett M. Kavanaugh issued a dissenting opinion, in which Justice Alito joined in full and Justice Jackson joined in part. And Justice Jackson issued a dissenting opinion. You can access the oral argument via this link.

4. Justice Kagan delivered the opinion of the Court in Smith v. Arizona, No. 22-899. Justices Thomas and Gorsuch each issued an opinion concurring in part. And Justice Alito issued an opinion, in which Chief Justice Roberts joined, concurring in the judgment. You can access the oral argument via this link.

5. Chief Justice Roberts delivered the opinion of the Court in United States v. Rahimi, No. 22-915. Justice Sotomayor issued a concurring opinion, in which Justice Kagan joined. Justices Gorsuch, Kavanaugh, Barrett, and Jackson each issued a concurring opinion. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:01 AM by Howard Bashman



Thursday, June 20, 2024

“Supreme Court upholds Californian’s drug trafficking conviction that leaned on expert’s opinion”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:02 PM by Howard Bashman



“Democrats seek to repeal Comstock abortion rule, fearing Trump crackdown; The Comstock Act, an 1873 law that bans abortion-related materials from being sent through the mail, could be used by the GOP to restrict abortion nationwide”: Dan Diamond and Caroline Kitchener of The Washington Post have this report.

Posted at 9:56 PM by Howard Bashman



“Supreme Court Upholds Trump-Era Tax Provision; The dispute, which was closely watched by experts, involved a one-time foreign income tax, but many saw it as a broader challenge to pre-emptively block Congress from passing a wealth tax”: Abbie VanSickle and Jim Tankersley of The New York Times have this report.

Ann E. Marimow and Julie Zauzmer Weil of The Washington Post report that “Supreme Court upholds Trump-era tax provision on offshore earnings; Some viewed the challenge to the one-time tax on offshore earnings as an effort to preemptively block Congress from creating a wealth tax.”

David G. Savage of The Los Angeles Times reports that “Supreme Court upholds a tax on corporate wealth held overseas.”

Jess Bravin and Richard Rubin of The Wall Street Journal report that “Supreme Court Upholds 2017 Tax on Foreign Investments; Decision leaves open other questions over federal taxing powers.”

Maureen Groppe of USA Today reports that “Supreme Court decision saves Trump-era tax change, dodges big loss in federal tax revenue.”

And Alex Swoyer of The Washington Times reports that “Supreme Court rules against couple challenging part of Trump’s 2017 tax reforms.”

Posted at 9:52 PM by Howard Bashman



“A dispute between Egg Harbor and a popular restaurant has just been settled by the Wisconsin Supreme Court; The Door County village condemned a strip of property at Shipwrecked Brewpub to build a sidewalk, which the property owner claimed was illegal by state statute”: Christopher Clough of The Green Bay Press-Gazette has this report.

And at “The Volokh Conspiracy,” Ilya Somin has a post titled “Wisconsin Supreme Court Rules Sidewalks are not ‘Pedestrian Ways’ — thus Allowing Local Governments to Use Eminent Domain to Take Property to Build Them; The close 4-3 decision might well become a staple of textbooks.”

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

Posted at 9:34 PM by Howard Bashman



“Thou Shalt Not Post the Ten Commandments in the Classroom”: Columnist David French has this essay online at The New York Times.

Posted at 9:22 PM by Howard Bashman



“Unpublished Opinions: A Response to Judge Jerry Smith; Unpublished opinions are a growing threat to the rule of law.” Steven Calabresi had this post earlier today at “The Volokh Conspiracy.” He later retracted all the juicy parts.

Posted at 8:52 PM by Howard Bashman



“For Judge in Trump Documents Case, Unusual Rulings Are Business as Usual; Judge Aileen Cannon has repeatedly proven willing to hear out even far-fetched arguments from the former president’s legal team, including a challenge to the appointment of the special counsel, Jack Smith”: Alan Feuer and Eileen Sullivan of The New York Times have this news analysis.

Posted at 8:46 PM by Howard Bashman



“John Kerry Yodels for Alito Filibuster; His fellow Democrats cringe at his Davos folly”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:35 PM by Howard Bashman



“La.’s Ten Commandments law will test religion-friendly courts, experts say; The state’s Republican governor signed a measure requiring taxpayer-financed schools to prominently post a specific version of the commandments by Jan. 1”: Michelle Boorstein and Danielle Paquette of The Washington Post have this report.

Posted at 8:33 PM by Howard Bashman



“A Supreme Court Mistake on Wealth Taxes: Five Justices open the door to taxing unrealized gains in assets; Democrats will walk through it.” This editorial will appear in Friday’s edition of The Wall Street Journal.

Online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Why Brett Kavanaugh Shot Down a Fake Case That Would Have Blown Up the Tax Code.”

Online at Balls and Strikes, Jay Willis has an essay titled “The Conservative Justices Picked a Different Day to Kill a Wealth Tax; The Supreme Court’s opinion in Moore v. United States didn’t give conservative activists everything they wanted; But it gave them good reason to be optimistic about the future.”

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s new tax decision is great news for billionaires; Most of the justices voted not to blow up the US tax code, but the opinion has bad news for progressive proponents of wealth taxes.”

Posted at 8:30 PM by Howard Bashman



“Handing Down The Final 19 (or 17) Opinions; With a Presidential Debate on June 27!” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:14 PM by Howard Bashman



“Judge in Trump Documents Case Rejected Suggestions to Step Aside; Two federal judges in South Florida privately urged Aileen M. Cannon to decline the case when it was assigned to her last year, according to two people briefed on the matter; She chose to keep it”: Charlie Savage and Alan Feuer of The New York Times have this report.

Posted at 1:45 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in four argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion of the Court in Moore v. United States, No. 22-800. Justice Ketanji Brown Jackson issued a concurring opinion. Justice Amy Coney Barrett issued an opinion, in which Justice Samuel A. Alito, Jr., joined, concurring in the judgment. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Neil M. Gorsuch joined. You can access the oral argument via this link.

2. Justice Elena Kagan delivered the opinion of the Court in Chiaverini v. City of Napoleon, No. 23-50. Justice Thomas issued a dissenting opinion, in which Justice Alito joined. And Justice Gorsuch issued a dissenting opinion. You can access the oral argument via this link.

3. Justice Thomas delivered the opinion of the Court in Diaz v. United States, No. 23-14. Justice Jackson issued a concurring opinion. And Justice Gorsuch issued a dissenting opinion, in which Justices Sonia Sotomayor and Kagan joined. You can access the oral argument via this link.

4. And the Court issued a per curiam opinion in Gonzalez v. Trevino, No. 22-1025. Justice Alito issued a concurring opinion. Justice Kavanaugh issued a concurring opinion. Justice Jackson issued a concurring opinion, in which Justice Sotomayor joined. And Justice Thomas issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Wednesday, June 19, 2024

“This Judge Made Houston the Top Bankruptcy Court. Then He Helped His Girlfriend Cash In. Law firm Kirkland & Ellis brought multibillion-dollar cases to David R. Jones’s court, aided by a local attorney who lived with the judge; ‘Why did no one look into it?’” Alexander Gladstone, Andrew Scurria, and Akiko Matsuda of The Wall Street Journal have this report.

Posted at 9:20 PM by Howard Bashman



“Abortion-Rights Advocates Deploy a New Red State Playbook; After Ohio voters approved a constitutional amendment, movement’s lawyers are citing it to challenge state restrictions”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 8:55 PM by Howard Bashman



“Why Republicans Don’t Abandon ‘Felon’ Trump; They see the Democrats’ political use of the justice system as a more serious threat to democracy”: Law professor Michael W. McConnell will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 8:26 PM by Howard Bashman



“Louisiana Requires All Public Classrooms to Display Ten Commandments; A law signed by Gov. Jeff Landry on Wednesday makes the state the only one with such a mandate; Critics have vowed to mount a constitutional challenge”: Rick Rojas of The New York Times has this report.

Anumita Kaur of The Washington Post reports that “Louisiana requires Ten Commandments to be displayed in public classrooms; Gov. Jeff Landry (R) signed the legislation Wednesday.”

Alyssa Lukpat of The Wall Street Journal reports that “Louisiana Requires Ten Commandments to Be Displayed in Public-School Classrooms; Civil-liberties groups pledge to sue, citing separation between church and state.”

And Julia Guilbeau of The Times-Picayune of New Orleans reports that “Jeff Landry signs Ten Commandments bill into Louisiana law; A lawsuit is already brewing.”

Posted at 8:22 PM by Howard Bashman



“Justice Clarence Thomas casts cloud over lawsuits challenging diversity programs”: Alison Frankel’s “On the Case” from Reuters has a post that begins, “U.S. Supreme Court Justice Clarence Thomas has just adopted a legal theory that would eliminate a spate of recent lawsuits filed by groups that share the conservative justice’s opposition to race-based diversity programs.”

Posted at 7:55 PM by Howard Bashman