How Appealing



Friday, March 22, 2024

“The Outsider Legal Genius Who May Rescue Trump: Seth Barrett Tillman is an Orthodox Jewish commodities trader turned law professor living in Dublin whose ideas were recently heard by the Supreme Court; He’s also something even more unusual: a thinker whose mind hasn’t been corrupted by politics.” Armin Rosen of Tablet Magazine has this report.

Posted at 4:53 PM by Howard Bashman



“Clerking For Judge Aileen Cannon: A Behind-The-Scenes Look; A tale of two clerkships: it was the best of times, it was the worst of times.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 12:54 PM by Howard Bashman



“Judge Dodging: Apple loses Mandamus Transfer Action This Time.” Dennis Crouch has this post at his “Patently-O” blog.

Posted at 11:06 AM by Howard Bashman



“Could the Supreme Court Blindside the FDA on the First Amendment?” James M. Beck has this post at his “Drug & Device Law” blog.

Posted at 11:02 AM by Howard Bashman



“Biden’s controversial judicial nominee twists in the wind”: Columnist Debra J. Saunders has this essay online at The Las Vegas Review-Journal.

Posted at 10:53 AM by Howard Bashman



Thursday, March 21, 2024

“Maryland defends handgun law at Fourth Circuit en banc session; Lawyers representing a gun rights organization argue Maryland creates an unfair hurdle for law-abiding citizens seeking to purchase handgun”: Joe Dodson of Courthouse News Service has an article that begins, “Maryland argued Thursday that its law requiring an extensive licensing process before purchasing a handgun is constitutional in front of an en banc Fourth Circuit audience.”

Posted at 8:20 PM by Howard Bashman



“Texas immigration ruling puts spotlight on nation’s most conservative federal appeals court”: Kevin McGill of The Associated Press has this report.

Posted at 8:16 PM by Howard Bashman



“Alliance Defending Freedom Lawyer Enraged By Good, Correct Criticism Of Alliance Defending Freedom; The fallout over the Idaho attorney general’s sketchy arrangement with the activist legal organization is turning right-wing ideologues into mediocre bloggers”: Susan Rinkunas has this essay online at Balls and Strikes.

Posted at 5:44 PM by Howard Bashman



“Trump-Appointed Judges Lead Trip to Israel ‘Bearing Witness’; 14 judges make trip, including Trump circuit, trial court members; Met with officials, judges; partly focused on Oct. 7”: Suzanne Monyak of Bloomberg Law has a report that begins, “More than a dozen federal judges, nearly all appointed by Donald Trump, traveled to Israel to discuss the country’s legal system, military compliance with international law, and aftermath of the October attack by Hamas.”

Posted at 5:39 PM by Howard Bashman



“Biden nomination of the first Muslim American to a federal appeals court in peril; Two Democratic senators said they will oppose the nomination of Adeel Mangi to the powerful U.S. Court of Appeals for the Third Circuit”: Frank Thorp V, Sahil Kapur, and Kate Santaliz of NBC News have this report.

Zach C. Cohen and Courtney Rozen of Bloomberg Law report that “Manchin Announces Opposition to Muslim Circuit Court Nominee; Mangi would be first Muslim federal appeals court judge; Nomination has drawn intense Republican opposition.”

Jennifer Bendery of HuffPost reports that “It Looks Like It’s Over For Biden’s Historic Muslim Court Pick, Adeel Mangi; Two Democrats said they’ll oppose the U.S. appeals court nominee, caving to the GOP’s baseless and Islamophobic smear campaign against him.”

Kaelan Deese, Emily Jacobs, and Peyton Sorosinski of Washington Examiner report that “Biden judicial nominee chances ‘dead as Jimmy Hoffa’ after Manchin opposition.”

Joey Fox and David Wildstein of New Jersey Globe have a report headlined “With N.J. Circuit Court nominee in trouble, Biden may have to switch tactics — and soon; Senate Dems have narrow window to either push Adeel Mangi through or get new nominee in place.”

And Julia Terruso of The Philadelphia Inquirer reports that “Fetterman supports nominee for Philly-based court who’s facing Islamophobic smears but Casey is more noncommittal; Fetterman said he supports Adeel Mangi’s nomination; Casey indicated possible support if Mangi makes it to a vote.”

Posted at 5:33 PM by Howard Bashman



“Pulsifer v. United States as Permissive Interpretation”: Richard M. Re has this post at his blog, “Re’s Judicata.”

Posted at 1:50 PM by Howard Bashman



“The Umpire Strikes Back: John Roberts’s apt baseball simile.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:46 PM by Howard Bashman



“Manchin won’t vote for Biden judge picks that lack GOP support; The retiring West Virginia Democrat called it his ‘own little filibuster’”: Burgess Everett of Politico has this report.

Posted at 1:44 PM by Howard Bashman



“Justice Breyer’s Problematic ‘Pragmatism’: Breyer makes unsupported claims about originalism and defends a brand of legal interpretation that would obfuscate the law.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 1:40 PM by Howard Bashman



“Cannon Fodder: Law Clerks Quit On Judge Aileen Cannon; The controversial jurist’s slowness in handling the Trump documents case could be due to personnel problems in her chambers.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:23 AM by Howard Bashman



“Texas Immigration Spat Puts Spotlight on Fifth Circuit Stays; Latest maneuver in Texas immigration dispute with US; Court watchers see more administrative stays in big cases”: Jacqueline Thomsen of Bloomberg Law has this report.

Posted at 9:44 AM by Howard Bashman



Wednesday, March 20, 2024

“Appeals Court Considers Reviving Texas Migrant Law, Now on Hold; As dizzying legal developments sowed confusion along the border, an appeals court panel appeared split over whether Texas’ migrant arrest law should remain on hold while the court fight continues”: J. David Goodman of The New York Times has this report.

Mattathias Schwartz of The New York Times reports that “Appeals Court Shaped by Trump Is at Center of Texas Border Debate; The fight over a new immigration law is the latest national controversy to reach the Fifth Circuit Court of Appeals.”

Charlie Savage and Jack Healy of The New York Times have a news analysis headlined “Fight Over Texas Law Underscores a Battle of America vs. Its States; The partisan gridlock gumming up Washington has prompted states controlled by one party to set off on their own.”

Arelis R. Hernández and Patrick Svitek of The Washington Post have an article headlined “Texas immigration law is on hold. But the confusion is still mounting. Whiplash legal rulings over S.B. 4 leave migrants, officers and advocates in limbo.”

Elizabeth Findell and Adolfo Flores of The Wall Street Journal have an article headlined “Flurry of Court Actions on Immigration Law Causing Confusion in Texas; Fifth Circuit panel gives no indication of whether it will allow state to arrest and deport migrants while law is litigated.”

And in commentary, Thursday’s edition of The Wall Street Journal will contain an editorial titled “Texas, the Border and the Supreme Court; Gov. Abbott’s law is back on hold, after overwrought cries of judicial abdication.”

Posted at 10:02 PM by Howard Bashman



“White House: Attack on judicial nominee is ‘Islamophobic smear campaign’; Adeel A. Mangi, a partner in a New York law firm, would be the first Muslim American judge on the federal appellate bench.” Tobi Raji of The Washington Post has this report.

Posted at 9:51 PM by Howard Bashman



“Fourth Circuit hears third challenge to Maryland assault weapons ban; Gun rights advocates argue the more than 20 million AR-15 rifles in circulation show they are in common use and therefore protected by the Second Amendment”: Joe Dodson of Courthouse News Service has this report.

And yesterday, Mike Vilensky of Bloomberg Law reported that “Gun Laws to Face Fourth Circuit in Trio of Post-Bruen Tests; Three cases questioning gun restrictions get en banc rehearing; The Fourth Circuit has undergone a liberal shift recently.”

At some point in the not too distant future, you can access the audio recordings of today’s en banc Fourth Circuit oral arguments via this link.

Posted at 9:44 PM by Howard Bashman



“Do Judges Also ‘Berate’ The Press?” Josh Blackman has this post at “The Volokh Conspiracy.”

My favorite “berating” was when two Third Circuit judges, at a cocktail reception, forcefully expressed their disagreement with my view expressed in my appellate column that it wasn’t proper for a dead Article III judge to be casting the deciding vote on a case. As often happens, ultimately the U.S. Supreme Court had the last word on this matter.

Posted at 9:34 PM by Howard Bashman



“How the Justices Should Decide the Trump Immunity Case: The Supreme Court needs to set a standard that respects the presidency as well as the rule of law.” Ohio Attorney General Dave Yost will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 9:16 PM by Howard Bashman



“Biden taps U.S. Attorney for Western District Kevin Ritz as Sixth Circuit Judge nominee”: Lucas Finton of The Memphis Commercial Appeal has this report.

Today, the White House issued a news release titled “President Biden Names Forty-Seventh Round of Judicial Nominees and Announces One New Nominee to Serve as U.S. Marshal.”

Update: In other coverage, Tiana Headley of Bloomberg Law reports that “Biden to Nominate Prosecutor to Sixth Circuit Tennessee Seat; Kevin Ritz is US Attorney in Tennessee; Ex-public defenders tapped for two trial courts.”

Posted at 8:34 PM by Howard Bashman



“US appeals court skeptical of challenge to Maryland assault weapons ban; 4th Circuit hearing three Second Amendment cases en banc; Case was first to be heard by new Judge Nicole Berner”: Nate Raymond of Reuters has this report.

Posted at 5:45 PM by Howard Bashman



“Dinkus”: You can access the new episode of the “Divided Argument” podcast via this link.

The episode’s description begins, “After grappling with listener feedback ranging from the acoustic to the typographical, we catch up on last month’s decisions in Great Lakes v. Raiders Retreat Realty (admiralty) and McElrath v. Georgia (double jeopardy).”

Posted at 3:42 PM by Howard Bashman



“Texas’s S.B. 4 immigration enforcement law appears likely to remain on hold for now; Chief Judge Priscilla Richman of the Fifth Circuit, a George W. Bush appointee, was skeptical of Texas’s arguments to enforce the law immediately”: Chris Geidner has this post at his Substack site.

Posted at 3:11 PM by Howard Bashman



“The Appeal Deadline & Subsequent Rule 59(e) Motions: The Fifth Circuit held that the grant of a Rule 59(e) motion that resolved an ambiguity in the original judgment allowed a second Rule 59(e) motion to reset the appeal clock.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 2:57 PM by Howard Bashman