How Appealing



Tuesday, May 28, 2024

“US Supreme Court rebuffs lawyer Michael Avenatti’s bid to overturn Nike-related convictions”: John Kruzel of Reuters has this report.

Posted at 1:26 PM by Howard Bashman



“The Alitos and Their Flags: The saga of a Supreme Court justice, his wife and two symbols adopted by people campaigning to overturn the result of the 2020 election.” You can access today’s episode of “The Daily” podcast from The New York Times via this link.

Posted at 1:22 PM by Howard Bashman



“The Untold Story of the Network That Took Down Roe v. Wade; A conservative Christian coalition’s plan to end the federal right to abortion began just days after Trump’s 2016 election”: Elizabeth Dias and Lisa Lerer will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 1:18 PM by Howard Bashman



“82. The Supreme Court’s Four Officers: A new Supreme Court librarian provides an opportunity to look at the Court’s role in appointing its own officers — and how that might play into proposals to create an Article III Inspector General.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:03 AM by Howard Bashman



“Judicial Notice (05.27.24): Crash And Burn; Airline attorneys embarrass themselves, SCOTUS issues a big ruling, the NCAA announces a $2.8 billion settlement, and Kirkland takes talent from Milbank.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:52 AM by Howard Bashman



Sunday, May 26, 2024

“U.S. gun makers ask Supreme Court to block Mexico’s claims they’re responsible for cartel violence”: Alex Swoyer of The Washington Times has this report.

Posted at 10:12 PM by Howard Bashman



“Coinbase’s Supreme Court Loss Is Its Own Fault; The cryptocurrency platform’s lawyers made a mistake — or perhaps executives failed to heed their counsel”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 10:08 PM by Howard Bashman



Saturday, May 25, 2024

“Wife of Justice Alito called upside-down flag ‘signal of distress’; In January 2021, Martha-Ann Alito said the flag, a symbol embraced by election deniers, was raised outside her home in response to a neighborhood dispute”: Justin Jouvenal and Ann E. Marimow of The Washington Post has this report.

Posted at 8:12 PM by Howard Bashman



“Supreme Court Conservatives Add New Minority Voter Roadblocks; 6-3 court says legislators must be given presumption of good faith; Harder for minority voters to claim votes ‘diluted’”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 2:20 PM by Howard Bashman



“Louisiana governor signs bill classifying abortion pills as controlled dangerous substances; The state is the only one categorize mifepristone and misoprostol this way”: Daniella Silva and Natalie Obregon of NBC News has this report.

Posted at 2:18 PM by Howard Bashman



“Dan Markel murder: Charlie Adelson, serving life sentence, moved to prison in South Dakota.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 2:15 PM by Howard Bashman



“Alito’s Second Flag Is About More Than Just Jan. 6; It’s a window into the Supreme Court justice’s ominous vision”: Molly Olmstead has this essay online at Slate.

Posted at 2:07 PM by Howard Bashman



“Justice Sotomayor Describes Frustration With Being a Liberal on the Supreme Court; In a conversation at Harvard, the justice spoke of her despair at some of the court’s decisions, but she urged optimism and a focus on future generations”: Abbie VanSickle of The New York Times has this report.

Posted at 2:05 PM by Howard Bashman



“The Supreme Court Doesn’t Agree on What Racism Is; Six justices think of racism as overt bigotry; The other three see it as structural”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 2:02 PM by Howard Bashman



“Opinionpalooza: A Bad June Rising At SCOTUS; The Supreme Court’s end-of-term is going to be chaos; It doesn’t have to be.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 2:00 PM by Howard Bashman



“Alito and Thomas Aren’t Really Jurists. They’re Theocratic Leninists. The Supreme Court justices are intent on using maximal power to fundamentally reorder society.” Michael Tomasky has this essay online at The New Republic.

Posted at 1:57 PM by Howard Bashman



“Justice Alito’s Latest Vexing Vexillology; The new supposed scandal: a flag from the Revolutionary War.” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:55 PM by Howard Bashman



Thursday, May 23, 2024

“Supreme Court Sides With Republicans Over South Carolina Voting Map; The case concerned a constitutional puzzle: how to distinguish the roles of race and partisanship in drawing voting maps when Black voters overwhelmingly favor Democrats.” Adam Liptak of The New York Times has this report.

Patrick Marley, Ann E. Marimow, and Justin Jouvenal of The Washington Post report that “Supreme Court’s South Carolina ruling boosts GOP, with national implications; The ruling allows the state to use a map favorable to Republicans and is expected to make it far more difficult for voters nationwide to challenge racial gerrymandering.”

David G. Savage of The Los Angeles Times reports that “Supreme Court OKs shift of Black voters to shore up GOP congressional district.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Allows South Carolina’s GOP-Drawn Congressional Map, Rejecting Racial Discrimination Claim; Justices raise bar for challenging political maps as unconstitutional racial gerrymanders.”

Maureen Groppe of USA Today reports that “Supreme Court backs GOP plan in SC that critics say discriminated against Black voters; The decision comes at a time of uncertainty about the once-a-decade process of redrawing congressional districts that can decide control of the House.”

And Alex Swoyer of The Washington Times reports that “Supreme Court upholds South Carolina election map over Black voter challenge.”

Posted at 9:51 PM by Howard Bashman



“Abortion Pills in Louisiana Could Soon Be in Same Category as Opioids; Louisiana would become the first state to classify misoprostol and mifepristone as controlled substances”: Joseph De Avila of The Wall Street Journal has this report.

Posted at 9:25 PM by Howard Bashman



“A Flagging Campaign Against Justice Alito; The ‘ethics’ attack having failed, the left turns to flag etiquette”: Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:20 PM by Howard Bashman



“What These Stories About Samuel Alito’s ‘Provocative’ Flags Are Really About; No, John Roberts is not going to do anything about this one either”: Dahlia Lithwick has this Jurisprudence essay online at Slate.

And online at Balls and Strikes, Jay Willis has an essay titled “How Many Coup-Adjacent Flags Can One Supreme Court Justice Possibly Have: If there is a flagpole on the premises, this man is apparently powerless to stop himself from displaying the preferred symbols of violent insurrectionists.”

Posted at 9:14 PM by Howard Bashman



“Meet Arizona’s most powerful political couple, who are on opposite ends of an abortion ban”: Faith E. Pinho of The Los Angeles Times has an article that begins, “Before she voted to repeal Arizona’s near-total abortion ban, Sen. Shawnna Bolick rose from her seat on the Senate floor to painstakingly detail one woman’s three difficult pregnancies.”

And on Monday, The Arizona Republic posted online an essay by Arizona Supreme Court Justice Clint Bolick titled “I don’t need to be a Supreme Court justice. But Arizona needs the system that got me here ‘Vote Them Out!’ might boot me from the Arizona Supreme Court. But the effort could have a much worse impact on our state’s judicial merit selection system.”

Posted at 6:02 PM by Howard Bashman



“President Biden Names Fiftieth Round of Judicial Nominees”: The White House issued this news release today, which includes the announcement of nominees for the First and Sixth Circuits.

The First Circuit nominee would be a second-generation First Circuit judge, while the Sixth Circuit nominee will replace the judge for whom she clerked on that court.

In early news coverage, Evan Mealins of The Tennessean reports that “Biden to nominate Nashville attorney for Sixth Circuit federal appeals court.”

Posted at 1:34 PM by Howard Bashman



“Supreme Court Clerk Hiring Watch: Meet The October Term 2024 SCOTUS Clerks; Yale Law bests Harvard, D.D.C. trounces S.D.N.Y., and other trends in SCOTUS clerk selection.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:40 AM by Howard Bashman



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

1. Justice Ketanji Brown Jackson delivered the opinion for a unanimous Court in Coinbase v. Suski, No. 23-3. And Justice Neil M. Gorsuch issued a concurring opinion. You can access the oral argument via this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Alexander v. South Carolina State Conference of the NAACP, No. 22-807. Justice Clarence Thomas issued an opinion concurring in part. And Justice Elena Kagan issued a dissenting opinion, in which Justices Sonia Sotomayor and Jackson joined. You can access the oral argument via this link.

3. And Justice Alito delivered the opinion of the Court in Brown v. United States, No. 23-6389. Justice Jackson issued a dissenting opinion, in which Justice Kagan joined in full and Justice Gorsuch joined in large measure. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Wednesday, May 22, 2024

“The Supreme Court makes a dangerous ruling, delighting progressives; The justices, endorsing the CFPB’s structure, are feeding the executive branch’s sense of entitlement”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 9:42 PM by Howard Bashman



“‘A Major Milestone’: Senate Confirms Joe Biden’s 200th Lifetime Federal Judge; Not only has Biden confirmed more judges than Trump had done by this point in his presidency, but he’s infused the nation’s courts with astounding diversity.” Jennifer Bendery of HuffPost has this report.

Posted at 5:14 PM by Howard Bashman