How Appealing



Monday, August 26, 2024

“96. Bad Supreme Court Math: A recent effort to defend the Fifth Circuit’s SCOTUS track record usefully (if unintentionally) highlights several of the most common methodological errors in efforts to marshal Supreme Court data.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 4:45 PM by Howard Bashman



“Jack Smith appeals Judge Cannon decision to throw out Trump case; The dismissal of Donald Trump’s indictment ‘conflicts with an otherwise unbroken course of decisions, including by the Supreme Court,’ the appeal says”: Perry Stein and Devlin Barrett of The Washington Post have this report.

And Katelyn Polantz of CNN reports that “Justice Department seeks to revive Trump documents case and defends role of special counsel.”

You can access the brief for appellant filed today in the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 4:36 PM by Howard Bashman



Sunday, August 25, 2024

“Judicial Notice (08.25.24): Irreconcilable Differences; An injudicious judge, gun laws post-Brahimi, the breakup of Bennifer, and WilmerHale partnership news.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:08 PM by Howard Bashman



“They didn’t submit a photocopy that wasn’t required; Why abortion won’t be on the Arkansas ballot in November”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 8:02 PM by Howard Bashman



“Nvidia has more friends than Facebook in cases at US Supreme Court”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 1:26 PM by Howard Bashman



“Why Is Donald Trump Stalling With His Supreme Court Shortlist? When people despise the Supreme Court you built, it’s sort of tricky to talk about what you’d do next with the Supreme Court.” Jay Willis has this essay online at Balls and Strikes.

Posted at 1:10 PM by Howard Bashman



“Federal judge tosses Kansas machine gun possession case on Second Amendment grounds”: Jonathan Shorman of The Kansas City Star has this report.

Jason Alatidd of The Topeka Capital-Journal reports that “Kansas judge dismisses machine gun and Glock switch charges, citing 2nd Amendment.”

Nate Raymond of Reuters reports that “US judge tosses machine gun possession case, calls ban unconstitutional.”

And in commentary, online at Vox, Ian Millhiser has an essay titled “A Trump judge ruled there’s a Second Amendment right to own machine guns; The Supreme Court’s Bruen decision will keep on creating chaos until it is overruled.”

You can access last Wednesday’s ruling of the U.S. District Court for the District of Kansas at this link.

Posted at 1:08 PM by Howard Bashman



“The federal courts are full of judges who could retire but won’t. There is little to be done about it. Democrats were able to get President Joe Biden to step aside after a pressure campaign. But it’s much more difficult to force out a federal judge.” Lawrence Hurley and Elleiana Green of NBC News have this report.

Posted at 1:00 PM by Howard Bashman



Thursday, August 22, 2024

“Florida Supreme Court allows state warning about ‘costs’ of abortion amendment on the ballot; In its decision, the Supreme Court denied Floridians Protecting Freedom’s ‘petition for quo warranto,’ and agreed with the state”: Ana Goñi-Lessan of The Tallahassee Democrat has this report.

And Arek Sarkissian of Politico reports that “Florida Supreme Court allows for ballot language abortion-rights activists fought; Florida Republicans leaned on anti-abortion advocates to craft the statement, which will appear on the ballot next to the measure in November.”

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

Posted at 10:12 AM by Howard Bashman



“Republicans’ New, Dangerous Attempt to Break the Election: Even if the Supreme Court rejects this plea, the GOP will advance its cause of sowing doubt in the electoral process all the same.” Law professor Bob Bauer has this essay online at The Atlantic.

Posted at 10:06 AM by Howard Bashman



“Justice Department signals plan to salvage obstruction charges in some Jan. 6 cases; Prosecutors still see a path to conviction for some defendants, even while dropping the charge in other cases following a Supreme Court ruling”: Kyle Cheney and Josh Gerstein of Politico have this report.

Posted at 10:04 AM by Howard Bashman



“‘Good luck’ prying off her wedding ring, Nessel tells US Supreme Court at DNC”: Todd Spangler of The Detroit Free Press has an article that begins, “Michigan Attorney General Dana Nessel had a pointed message to any Republicans, or anyone on the U.S. Supreme Court for that matter, who might be thinking about reversing same-sex marriage protections.”

Posted at 10:02 AM by Howard Bashman



“Justice Gorsuch’s book of fish tales; A new book by the Supreme Court conservative begs the question: Does having all the facts matter?” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 9:58 AM by Howard Bashman



Wednesday, August 21, 2024

“MIT’s Drop in Black Students Shows Fallout From Top Court Ruling; The enrollment numbers give an early indication of how US colleges are grappling with a Supreme Court decision that banned race as a factor in admissions”: Francesca Maglione and Janet Lorin of Bloomberg News have this report.

Posted at 8:40 PM by Howard Bashman



“Prosecutors rest embezzlement case against disgraced attorney Tom Girardi; The defense team began their case with a number of witnesses who spoke about Girardi’s mental decline, which they say became apparent in 2020”: Hillel Aron of Courthouse News Service has this report.

Posted at 8:37 PM by Howard Bashman



“Trump Takes Fascist Threat to Next Level With New Proposal on Judges; Donald Trump wants to make it a crime to criticize any judges who like him; Imagine what that would mean”: Paige Oamek has this essay online at The New Republic.

Posted at 8:14 PM by Howard Bashman



“The Puzzling SCOTUS Ruling on Transgender Rights and Title IX”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 8:10 PM by Howard Bashman



“The Great ‘Concurrer’: Judge Kevin Newsom; The Eleventh Circuit jurist describes his path to the bench, an appellate judge’s proper role, the hiring (and feeding) of law clerks, and the use of AI in judging.” David Lat has posted online this new episode of his “Original Jurisdiction” podcast.

Posted at 8:06 PM by Howard Bashman



“Fleshing out Justice Kagan’s modest idea for Supreme Court ethics enforcement”: Russell Wheeler of The Brookings Institution has this essay online.

Posted at 4:36 PM by Howard Bashman



Tuesday, August 20, 2024

“Trump says he has ‘no regrets’ about Supreme Court overturning Roe v. Wade”: Nathaniel Weixel of The Hill has this report.

Posted at 10:15 PM by Howard Bashman



Monday, August 19, 2024

“Supreme Court Workload Backloaded as Justices Hear Fewer Cases; Justices getting slower start to new terms; More of the court’s work pushed to the end”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 9:15 PM by Howard Bashman



“Did the Supreme Court just walk back its position on trans protections?” Bob Egelko of The San Francisco Chronicle has this report.

Online at Vox, Ian Millhiser has an essay titled “Did the Supreme Court just overrule one of its most important LGBTQ rights decisions? The Court appeared to abandon Bostock v. Clayton County this weekend.”

And at his “One First” Substack site, Steve Vladeck has a post titled “95. The Title IX Ruling is a Huge Mess; The justices’ efforts to explain their votes with respect to a major ruling on a pair of emergency applications raise more questions than they answer — again.”

Posted at 9:06 PM by Howard Bashman



Sunday, August 18, 2024

“Judicial Notice (08.18.24): On The Move; Continuing campus controversies, Skadden partner departures, and the biggest M&A deal of 2024 (so far).” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:32 PM by Howard Bashman



Friday, August 16, 2024

“Americans — especially Democrats — see Supreme Court as big election issue; Whoever shapes the court is going to shape the country, voters say in new poll”: Maureen Groppe and Sam Woodward of USA Today have this report.

Posted at 1:56 PM by Howard Bashman



“Stephen Colbert calls Ohio Supreme Court boneless chicken decision ‘hot legal garbage’”: Laura A. Bischoff of The Columbus Dispatch has this report.

Posted at 1:44 PM by Howard Bashman



Thursday, August 15, 2024

“To protect rule of law, Congress must check Supreme Court overreach; The No Kings Act would restore the American principle that a president is subject to the laws of the land”: U.S. Senate Majority Leader Charles E. Schumer (D-NY) has this essay online at The Washington Post.

Posted at 10:14 PM by Howard Bashman



“Left’s Big Fight Against Nomination of Michael McConnell Fizzles; Activist groups and liberal law professors divide”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 10:12 PM by Howard Bashman



“As Justice Gorsuch rails against federal rules, some profiled in his new book embrace more measured view”: John Fritze of CNN has this report.

Posted at 10:06 PM by Howard Bashman