How Appealing



Wednesday, March 20, 2024

“Texas Deportation Law Gets Skeptical Reception From Key Judge; Chief judge suggests law infringes on US immigration power; Hearing follows late-night order temporarily blocking law”: Madlin Mekelburg of Bloomberg News has this report.

Posted at 2:48 PM by Howard Bashman



“Trump plans new short list of 20 potential Supreme Court picks”: Alex Swoyer and Charles Hurt of The Washington Times have this report.

Posted at 2:45 PM by Howard Bashman



Tuesday, March 19, 2024

“More Women Choose Abortion Pills as States Crack Down; Access to medication abortion has grown with policy changes including expansion of telehealth services”: Jennifer Calfas of The Wall Street Journal has this report.

Posted at 10:14 PM by Howard Bashman



“Kyrgyzstan Native Makes Supreme Court Debut in Free Speech Case; Arguments will be first for Institute for Justice attorney; Justices asked to decide scope of 2019 probable cause ruling”: Lydia Wheeler of Bloomberg Law has this report.

Posted at 10:06 PM by Howard Bashman



“Justices Lean Toward Insurer in Asbestos Bankruptcy Dispute; Court is considering when insurers have standing in bankruptcy; Insurer questions raised in context of mass torts”: Evan Ochsner of Bloomberg Law has this report.

Posted at 10:03 PM by Howard Bashman



“Labor lawyer becomes first openly gay judge to join 4th Circuit”: Rachel Weiner of The Washington Post has this report.

Nate Raymond of Reuters reports that “US Senate confirms LGBTQ labor lawyer to seat on appeals court; SEIU lawyer Nicole Berner to join 4th Circuit as judge; Berner previously worked for Planned Parenthood.”

Ian Kullgren of Bloomberg Law reports that “Senate Confirms Union Attorney to US Appeals Court in Virginia; Nicole Berner, SEIU general counsel, to join Fourth Circuit; Staunch opponent of Trump policies pledges to remain neutral.”

Jennifer Bendery of HuffPost reports that “Nicole Berner, Longtime Union Lawyer, Confirmed As Federal Judge; Berner, who will serve on the U.S. Court of Appeals for the 4th Circuit, is also one of President Joe Biden’s historic LGBTQ+ judicial picks.”

And Nicole Chavez and Annette Choi of CNN report that “Biden administration ties record for number of confirmed LGBTQ judges in federal courts.”

Posted at 9:58 PM by Howard Bashman



“Senate Democrat Concerned About Historic Muslim Judicial Nominee; Sen. Catherine Cortez Masto concerned by Adeel Mangi; Disapproval comes as conservatives attack nominee”: Tiana Headley and Zach C. Cohen of Bloomberg Law have this report.

Posted at 9:50 PM by Howard Bashman



“The NRA Is About to Notch Another Legal Victory at the Supreme Court; At oral arguments on Monday, the court took a dim view of the heavy-handed way that Andrew Cuomo and the State of New York attempted to crack down on the gun rights group”: Matt Ford of The New Republic has this report.

Posted at 12:11 PM by Howard Bashman



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

1. Justice Neil M. Gorsuch delivered the opinion for a unanimous Court in FBI v. Fikre, No. 22-1178. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Brett M. Kavanaugh joined. You can access the oral argument via this link.

2. Justice Sonia Sotomayor delivered the opinion of the Court in Wilkinson v. Garland, No. 22-666. Justice Ketanji Brown Jackson issued an opinion concurring in the judgment. Chief Justice John G. Roberts, Jr. issued a dissenting opinion. And Justice Alito issued a dissenting opinion, in which Chief Justice Roberts and Justice Clarence Thomas joined. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



“RBG Award gala canceled after Ginsburg family criticizes honorees; Elon Musk, Rupert Murdoch had been among the announced recipients of this year’s award, which previously honored women”: Maura Judkis of The Washington Post has this report.

Posted at 9:58 AM by Howard Bashman



“The Islamophobic Smear Campaign Dividing Democrats”: Online at The New York Times, columnist Lydia Polgreen has an essay that begins, “On paper, President Biden’s nominee to fill a vacancy on the Third Circuit Court of Appeals is an archetypical candidate for a federal judgeship.”

Posted at 9:56 AM by Howard Bashman



“Christine Blasey Ford Testifies Again; Her new memoir doubles as a modern-day horror story”: Megan Garber has this article in the May 2024 issue of The Atlantic.

Posted at 9:55 AM by Howard Bashman



“US Supreme Court considers appeal by convicted border drug ‘mule’”: Andrew Chung and John Kruzel of Reuters have this report.

Posted at 9:52 AM by Howard Bashman



“Inside The Ritzy Retreats Hosting Right-Wing Judges: During Koch-funded trips to mountain resorts, Trump judges huddled over a new strategy to advance ‘history and tradition’ as the law of the land.” Molly Redden of HuffPost has this report.

Posted at 9:51 AM by Howard Bashman



Monday, March 18, 2024

“Justices Seem Likely to Side With N.R.A. in First Amendment Dispute; The National Rifle Association argued that a New York official violated the First Amendment by encouraging entities to break ties with the group after the Parkland mass shooting”: Abbie VanSickle of The New York Times has this report.

Posted at 10:02 PM by Howard Bashman



“Outlawing abortion is just the start for some conservative judges”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 10:00 PM by Howard Bashman



“Stephen Breyer’s new book sheds light on Supreme Court cases on abortion, guns”: Amy B Wang of The Washington Post has this report.

Posted at 9:52 PM by Howard Bashman



“Supreme Court Wary of States’ Bid to Limit Federal Contact With Social Media Companies; The justices tried to distinguish between persuading social media sites to take down posts, which is permitted, and coercing them, which violates the First Amendment”: Adam Liptak of The New York Times has this report.

Ann E. Marimow and Cat Zakrzewski of The Washington Post report that “Supreme Court likely to reject limits on White House social media contacts.”

Jess Bravin and Jan Wolfe of The Wall Street Journal report that “Supreme Court Voices Skepticism Over Social-Media Censorship Claims Against Government; A majority of justices appear resistant to limiting Biden administration communications with tech companies over content.”

And Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court worries about limiting feds’ interactions with social media companies.”

Posted at 9:50 PM by Howard Bashman



“Texas grandmother thrown in jail after criticizing local government; Now her case heads to Supreme Court”: Hannah Ray Lambert of Fox News has this report.

And in commentary, in Tuesday’s edition of The Wall Street Journal, Anya Bidwell and Patrick Jaicomo will have an op-ed titled “When Local Officials Gag Dissenters With Handcuffs; In Gonzalez v. Trevino, the Supreme Court will decide if bureaucrats have legal immunity when they order critics arrested.”

Posted at 9:37 PM by Howard Bashman



“Potential TikTok Ban Tees Up Legal Showdown Over Free Speech; Litigation would force courts to weigh the government’s national-security objectives against First Amendment rights of TikTok, its users”: Jacob Gershman of The Wall Street Journal has this report.

Posted at 9:33 PM by Howard Bashman



“Ohio GOP Justice Sides with Democrats to Swing Some Outcomes; Cases centered on abortion ballot measure, removal of judges; Justice says it’s due to his textualist judicial philosophy”: Eric Heisig of Bloomberg Law has this report.

Posted at 12:48 PM by Howard Bashman



“Anti-Abortion Groups Defend Century-Old Mailing Law in Pill Case; Ban on abortion pill by mail has gone unenforced for years; GOP’s interest in act fuels concerns on future prosecutions”: Celine Castronuovo of Bloomberg News has this report.

Posted at 12:46 PM by Howard Bashman



“Justice Breyer, Off the Bench, Sounds an Alarm Over the Supreme Court’s Direction; In an interview in his chambers and in a new book, the justice, who retired in 2022, discussed Dobbs, originalism and the decline of trust in the court”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 10:48 AM by Howard Bashman



“Moving Beyond Absolutes on Presidential Immunity; Presidents are sometimes immune from criminal prosecution, but only in limited circumstances; Trump’s case doesn’t come close”: Trevor Morrison has this post at the “Lawfare” blog.

Posted at 10:45 AM by Howard Bashman



“71. Murthy v. Missouri and the Court’s Culture-War Docket: Today’s argument in the social media jawboning case is a perfect illustration of how the Supreme Court has been (and has allowed itself to be) dragged into the middle of the culture wars.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:44 AM by Howard Bashman



“Mike Johnson, the First Proudly Trumpian Speaker; Though he has adopted a ‘nerd constitutional-law guy’ persona, he is in lockstep with the law-flouting former President”: David D. Kirkpatrick has this article in the March 25, 2024 issue of The New Yorker.

Posted at 10:40 AM by Howard Bashman