How Appealing



Tuesday, April 16, 2024

“Supreme Court casts doubt on obstruction charges against hundreds of Jan. 6 rioters”: David G. Savage of The Los Angeles Times has this report.

Jan Wolfe of The Wall Street Journal reports that “Supreme Court Questions Jan. 6 Charge That Could Affect Hundreds of Cases; Justices to decide whether Enron-era obstruction law applies to rioters’ disruption of Congress.”

Bart Jansen of USA Today reports that “Supreme Court grapples with limits on obstruction charge in Jan. 6 cases; About 350 defendants, one-fourth of the total, have been charged with obstruction in the Capitol attack on Jan. 6, 2021, so the high court’s decision could have a big impact.”

And Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court grapples with obstruction charge lobbed at 350 Jan. 6 defendants, including Trump.”

Posted at 2:32 PM by Howard Bashman



“The Sixth Circuit Tackles Forum Selection Clauses”: John F. Coyle has this post at the “Transnational Litigation Blog.”

Posted at 8:16 AM by Howard Bashman



“Judge James C. Ho’s Remarks to the Midland County Bar Association”: Josh Blackman has this post at “The Volokh Conspiracy” reprinting the prepared text of those remarks.

Posted at 7:52 AM by Howard Bashman



Monday, April 15, 2024

“New York judge says Trump can’t attend Supreme Court arguments on presidential immunity”: Ella Lee of The Hill has a report that begins, “The New York judge overseeing former President Trump’s hush money trial said Monday that Trump cannot attend arguments on presidential immunity at the Supreme Court next week.”

Posted at 9:54 PM by Howard Bashman



“Lawsuit asks Wisconsin Supreme Court to strike down governor’s 400-year veto”: Scott Bauer of The Associated Press has a report that begins, “Attorneys with Wisconsin’s largest business lobbying group asked the state Supreme Court on Monday to strike down Democratic Gov. Tony Evers’ use of a partial veto to lock in a school funding increase for the next 400 years.”

Posted at 9:50 PM by Howard Bashman



“Supreme Court allows enforcement of Idaho ban on gender-affirming care for transgender minors; The Idaho measure, which seeks to block treatments such as puberty blockers and hormone therapy, is one of more than 20 enacted by conservative states targeting care for transgender youth”: Lawrence Hurley of NBC News has this report.

You can access today’s order of the U.S. Supreme Court, and the opinions concurring therein and dissenting therefrom, at this link.

Posted at 5:28 PM by Howard Bashman



“2024 Vaughan Lecture: Joel Alicea, ‘The Natural Law Moment in Constitutional Theory.’” Harvard Law School has posted this video on YouTube.

Posted at 3:44 PM by Howard Bashman



“Judicial Notice (04.15.24): Get Off My Lawn; The disruptive protest at Chez Chemerinsky, Alex Spiro’s latest celebrity client, group hires by Hogan and Goodwin, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 2:42 PM by Howard Bashman



“The Supreme Court effectively abolishes the right to mass protest in three US states; It is no longer safe to organize a protest in Louisiana, Mississippi, or Texas”: Ian Millhiser has this essay online at Vox.

Posted at 1:24 PM by Howard Bashman



“Supreme Court Signals Another Corruption Law to Be Pared Back; Court has reined in reach of federal corruption statutes; Would be win for Indiana mayor who got $13,000 gratuity”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:22 PM by Howard Bashman



“Iowa Supreme Court justice asked to recuse himself from divorce appeal over alleged affair”: William Morris of The Des Moines Register has an article that begins, “A Des Moines man appealing the outcome of his contested divorce has asked one of the state’s Supreme Court justices to take no part in the case because he says the justice had an affair with his wife.”

Posted at 1:20 PM by Howard Bashman



“Questions About Assassinations Test the Limits of Trump’s Immunity Claim; Three Supreme Court briefs from former military leaders and intelligence officials explore whether presidents may be prosecuted for ordering unlawful killings”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 1:16 PM by Howard Bashman



“Judicial Branch Employees Have No Rights At Work. Congress Could Change That. A former federal public defender’s employment discrimination case highlights the reality that judges are above many of the laws they enforce.” Aliza Shatzman has this essay online at Balls and Strikes.

Posted at 1:11 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

In Mckesson v. Doe, No. 23-373, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari.

In Michaels v. Davis, No. 23-5038, Justice Ketanji Brown Jackson issued a dissent from the denial of certiorari.

And in Compton v. Texas, No. 23-5682, Justice Sotomayor issued a dissent, in which Justice Jackson joined, from the denial of certiorari.

Posted at 1:05 PM by Howard Bashman



“SCOTUS’s Final Sitting of the Term Is A Doozy”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 10:18 AM by Howard Bashman



Sunday, April 14, 2024

“The Jurisprudence of Bleeding Out: SCOTUS is about to decide whether being at the brink of death is the only way pregnant patients can qualify for emergency abortion care.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:46 PM by Howard Bashman



“Can homeless people be fined for sleeping outside? A rural Oregon city asks the US Supreme Court.” Claire Rush of The Associated Press has this report.

Posted at 8:40 PM by Howard Bashman



“Jan. 6 Obstruction Case at Supreme Court Could Help Trump and Many Others; The justices will hear arguments on Tuesday in a case that could alter hundreds of prosecutions for the assault on the Capitol and help define its meaning”: Adam Liptak of The New York Times has this report.

Lawrence Hurley and Ryan J. Reilly of NBC News report that “Supreme Court tackles Jan. 6 obstruction charge with Trump case looming; How the court rules in the case brought by Jan. 6 defendant Joseph Fischer, accused of obstructing an official proceeding, could affect the separate Trump prosecution.”

Shannon Bream and Bill Mears of Fox News report that “Supreme Court to debate ‘sleeper’ case that could affect Trump federal prosecution; Legal scholars say the conservative high court may be wary of giving the government too much leeway.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Jan. 6 Case Pulls Conservative Supreme Court in Two Directions; One in four Jan. 6 defendants charged with Enron-era statute; Defendants say ill-fitting law unfair as applied to riot.”

Posted at 8:30 PM by Howard Bashman



Saturday, April 13, 2024

“What Sandra Day O’Connor’s papers reveal about a landmark Supreme Court decision — and why it could be overturned soon”: Joan Biskupic of CNN has this news analysis.

Posted at 1:22 PM by Howard Bashman



“Liberal Justice to Retire From Wisconsin Supreme Court, Leaving Control Uncertain; Justice Ann Walsh Bradley, whose term ends in July 2025, said she will not seek re-election; The race to replace her will decide whether the court has a liberal or conservative majority”: Julie Bosman of The New York Times has this report.

Posted at 1:20 PM by Howard Bashman



“Supreme Court to weigh if Jan. 6 rioters can be charged with obstruction; Defense lawyers say prosecutors improperly stretched the law by charging hundreds with obstruction of an official proceeding”: Ann E. Marimow of The Washington Post has this report.

Posted at 1:10 PM by Howard Bashman



“Nearing 50 Supreme Court arguments in, lawyer Lisa Blatt keeps winning”: Mark Sherman of The Associated Press has this report.

Posted at 1:05 PM by Howard Bashman



Friday, April 12, 2024

“Arizona’s conservatives brought this political nightmare on themselves”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 1:07 PM by Howard Bashman



“Don’t blame the Arizona Supreme Court; The court gave the state legislature exactly what it asked for”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 1:05 PM by Howard Bashman



Thursday, April 11, 2024

“Should Iowa’s 6-week abortion ban go into effect? Supreme Court hears arguments on question.” William Morris of The Des Moines Register has this report.

And Rox Laird of Courthouse News Service reports that “Iowa Supreme Court should permit enforcement of six-week abortion ban, state argues; Iowa abortion providers initially won an injunction on the ban in 2023, but the state wants the Supreme Court to reconsider the ban under a more permissive constitutional standard.”

Iowa Courts has posted the video of today’s oral argument on YouTube via this link.

Posted at 10:32 PM by Howard Bashman



“Ninth Circuit takes on challenge to California firearms ban in ‘sensitive places’; ‘Sensitive places’ include schools, churches and banks; A federal judge called banning concealed weapons at them ‘repugnant to the Second Amendment’”: Hillel Aron of Courthouse News Service has this report.

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s oral arguments in these two cases here and here.

Posted at 10:28 PM by Howard Bashman



“Arkansas Trans-Care Ban for Minors Reaches Full Eighth Circuit; State says lower court imposed own policy preferences; Plaintiffs say factual record shows treatments help kids”: Christopher Brown of Bloomberg Law has this report.

And Joe Harris of Courthouse News Service reports that “Arkansas asks Eighth Circuit to revive a law banning gender-affirming care to minors; In an en banc hearing, Arkansas argued the SAFE Act — which would prohibit health care professionals from providing or referring minors for gender-affirming care — does not discriminate on the basis of sex.”

You can access the audio of today’s en banc reargument of the U.S. Court of Appeals for the Eighth Circuit via this link.

Posted at 10:20 PM by Howard Bashman



“Ann Walsh Bradley’s retirement sets the stage for another high stakes Wisconsin Supreme Court race”: Molly Beck and Jessie Opoien of The Milwaukee Journal Sentinel have this report.

And Dave Byrnes of Courthouse News Service reports that “Liberal Wisconsin Supreme Court justice to step down after 30 years on the bench; Justice Ann Walsh Bradley’s announcement that she will not seek reelection next year could tee up an expensive fight for her seat.”

Posted at 10:14 PM by Howard Bashman



“Judge’s Potential Recusal Over Citi Stock Divides CFPB, Industry; 5th Cir. Judge Don Willett disclosed owning Citigroup stock; CFPB, Chamber of Commerce disagree on litigation’s impact”: Jacqueline Thomsen and Evan Weinberger of Bloomberg Law have this report.

Posted at 10:06 PM by Howard Bashman