How Appealing



Tuesday, October 29, 2024

“Partisanship Roils State Supreme Courts. Not in New Jersey. Unwritten traditions guide appointment process. Consensus-building steers court away from ‘big swings.’” Alex Ebert of Bloomberg Law has this report.

Posted at 4:44 PM by Howard Bashman



“Gun Owners’ Challenge to D.C. Magazine Limit Fails on Appeal; Plaintiffs sued over ban on magazines with more than 10 rounds; D.C. prohibition has historical analog, D.C. Cir. says”: Mike Vilensky of Bloomberg Law has this report.

And Ryan Knappenberger of Courthouse News Service reports that “DC Circuit swats Second Amendment challenge to ban on extended magazines; The challenge, which followed a 2022 Supreme Court decision requiring certain gun restrictions to have a ‘historical analogue’ in order to stand, is likely to find its way back to the high court.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Update: In other coverage, Salvador Rizzo of The Washington Post reports that “D.C.’s high-capacity magazine ban upheld by federal appeals court; A panel ruled in a 2-1 decision that that the limit of 10 rounds of ammunition remains constitutional after Supreme Court rulings bolstering gun rights.”

Posted at 4:40 PM by Howard Bashman



“Pennsylvania ‘Naked’ Ballots Fight Reaches US Supreme Court; Republicans want justices to intervene in swing-state fight; Dispute over voters getting second chance if ballot incomplete”: Zoe Tillman of Bloomberg News has this report.

Posted at 4:20 PM by Howard Bashman



“How the Newest Supreme Court Justices Compare. A Look at Each of Their Respective First Two Years on the Court.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 4:14 PM by Howard Bashman



Monday, October 28, 2024

“Secret Files in Election Case Show How Judges Limited Trump’s Privilege; The partly unsealed rulings, orders and transcripts open a window on a momentous battle over grand jury testimony that played out in secret, creating important precedents about executive privilege”: Charlie Savage and Alan Feuer of The New York Times have this report.

Posted at 10:30 PM by Howard Bashman



“Election Voting Battles Begin to Hit High Court; Republicans in Pennsylvania, Virginia ask justices to block lower court orders that could increase voting on the margins”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:20 PM by Howard Bashman



“Abortion Rights Dominate State Supreme Court Justice Campaigns; State high courts ‘new battleground’ for abortion rights; Arizona campaigns defend justices from removal efforts”: Brenna Goth of Bloomberg Law has this report.

Posted at 2:24 PM by Howard Bashman



“RNC is leading the legal charge for Trump amid echoes of 2020 election chaos; The Republican legal operation is more aggressive and organized than four years ago, but some lawyers involved in efforts to overturn Trump’s loss are still active”: Lawrence Hurley, Katherine Doyle, and Vaughn Hillyard of NBC News have this report.

Posted at 2:20 PM by Howard Bashman



“If Harris wins, will the Supreme Court steal the election for Trump? It depends on how much Harris can run up the score.” Ian Millhiser has this essay online at Vox.

Posted at 2:14 PM by Howard Bashman



“Donna Adelson hires former judge, local defense attorney to represent her in murder trial”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 2:11 PM by Howard Bashman



“105. The Supreme Court and the 2024 Election, Part I: A quick overview of the election-related disputes that are likely to reach the justices between now and next Tuesday — and the big one that almost certainly won’t.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:46 AM by Howard Bashman



“The 1798 Law Inspiring Trump’s Mass Deportation Dreams: America has left a loaded anti immigrant gun lying around; A future administration could pick it up and use it against millions of people.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 10:42 AM by Howard Bashman



“The Improbable Rise of J. D. Vance: ‘Hillbilly Elegy’ made him famous, and his denunciations of Donald Trump brought him liberal fans; Now, as a Vice-Presidential candidate, he’s remaking his image as the heir to the MAGA movement.” Benjamin Wallace-Wells has this profile in the November 4, 2024 issue of The New Yorker.

Posted at 10:38 AM by Howard Bashman



Sunday, October 27, 2024

“How the 2024 Election Will Reshape the Supreme Court”: Elie Honig has this post at the “Intelligencer” blog of New York magazine.

Posted at 9:02 PM by Howard Bashman



“Supreme Court ignites wave of lawsuits against federal regulations; Major businesses cited a trio of pivotal rulings from June in a bid to invalidate a vast array of federal climate, education, health and labor rules”: Tony Romm of The Washington Post has this report.

Posted at 9:00 PM by Howard Bashman



“Elon Musk Beats Biden’s Regulators on Free Speech; The Fifth Circuit Court of Appeals overrules the National Labor Relations Board over deleting a tweet”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:33 PM by Howard Bashman



“Judicial Notice (10.27.24): Money Talks; Susman’s $1.6 billion win, Kobre’s $605 million jury verdict, possible AG picks for Donald Trump, and a prominent litigator turned NYC mayoral candidate.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:30 PM by Howard Bashman



“The Supreme Court’s Future Is on the Ballot; Harris endorses a wholesale restructuring of the judiciary and breaking the Senate filibuster rule to pass it”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:20 PM by Howard Bashman



Saturday, October 26, 2024

“How Many Votes Are Likely at Stake in the PA Litigation Over Absentee Ballots for Which the RNC is Seeking Supreme Court Review?” Richard Pildes has this post at the “Election Law Blog.”

Posted at 9:56 PM by Howard Bashman



“Democrats Ready Thousands of Lawyers for Final Days of Race; Harris campaign’s legal teams meld law-firm partners with local specialists steeped in their states’ terrains”: Mariah Timms and Jan Wolfe of The Wall Street Journal have this report.

According to the article, “Other heavy hitters in the Harris camp include two lawyers who served as U.S. solicitor general: Seth Waxman, who has argued more than 80 cases at the Supreme Court; and Donald Verrilli, who successfully defended the constitutionality of the Affordable Care Act in a landmark 2012 case.”

Posted at 9:50 PM by Howard Bashman



Friday, October 25, 2024

“Misplaying the Race Card: A look back at Ed Carnes’s Eleventh Circuit nomination.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:54 PM by Howard Bashman



“Illegitimate Attacks on the Court’s Legitimacy; The most common left-wing attacks on the Supreme Court are based on politics, not law”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 9:48 PM by Howard Bashman



“At odds over email and abortion rulings, Arkansas Supreme Court justices seek chief justice post; Both candidates claim the mantles of transparency and conservative”: Sonny Albarado of Arkansas Advocate has this report.

Posted at 9:26 PM by Howard Bashman



“How To Reform Law Schools: Boycott Law Clerks Or Divest Funding? Judges Ho and Thapar favor different approaches.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:24 PM by Howard Bashman



“Justice Jeffrey Funke chosen as Nebraska’s next chief justice after Justice Heavican retires; Funke’s elevation leaves another vacancy for first-term Gov. Jim Pillen to fill in the coming months”: Zach Wendling of Nebraska Examiner has this report.

Posted at 9:21 PM by Howard Bashman



“How the Country’s Understanding of Abortion Could Change if Trump Wins; Activists on both sides say Trump could effectively ban abortion nationwide and establish fetal personhood, the longtime goal of the anti-abortion movement”: Kate Zernike of The New York Times has this report.

Posted at 8:48 PM by Howard Bashman



“Mississippi’s Absentee Ballot Measure Violates Federal Law, Appeals Court Rules; The law requires officials to count absentee ballots received by mail up to five days after Election Day; It appears unlikely that the ruling will affect the current election”: Isabelle Taft of The New York Times has this report.

Patrick Marley of The Washington Post reports that “Court rules ballots that arrive late shouldn’t be counted despite postmarks; The 5th Circuit’s ruling in a Mississippi case could have implications for other states with similar laws.”

And Tierney Sneed of CNN reports that “Trump-appointed appeals court judges say Mississippi is violating federal law with mail ballot deadline but don’t block it.”

You can access today’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:34 PM by Howard Bashman



“Supreme Court rejects suspension for Scranton attorney”: James Halpin of The Citizens’ Voice of Wilkes-Barre, Pennsylvania has an article that begins, “The Supreme Court of Pennsylvania has rejected an effort to suspend a Scranton-based attorney for 90 days based on an attorneys’ fee petition he filed in a civil lawsuit, finding there was no attempt at deception when he sought an award of over $1.1 million in fees, costs and interest.”

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

Posted at 8:22 PM by Howard Bashman