How Appealing



Thursday, May 2, 2024

“What Is a Song? Is it simply the music flowing out of your earphones? According to the law, the answer is a bit more complicated.” Ben Sisario of The New York Times has this report.

Posted at 9:56 PM by Howard Bashman



“Trump Wants to Prosecute Biden. He Also Thinks Presidents Deserve Immunity. In arguing to the Supreme Court that he cannot be charged for acts while in office, Donald Trump has asked the justices to enforce a norm that he has long threatened to shatter.” Alan Feuer and Maggie Haberman of The New York Times have this news analysis.

Posted at 9:53 PM by Howard Bashman



“How an Ordinary Guy Took a $3,000 Case to the Supreme Court; Stuart Harrow has his day — to one justice’s bemusement: ‘I’m just wondering why the government’s making us do this.’” Ben Foldy will have this front page article in Friday’s edition of The Wall Street Journal.

Posted at 9:14 PM by Howard Bashman



“IVF and the Alabama Ruling”: The Spring 2024 issue of The New Atlantis contains a series of essays on this topic.

Leah Libresco Sargeant has an essay titled “Embryos as Schrödinger’s Persons: The Alabama IVF ruling reveals peculiar entities that are neither people nor property until we need them to be.”

Charlotte Collingwood has an essay titled “Laboring in the Dark: IVF might sound like an act of taking control, but it felt like an act of surrender.”

And Emma Waters has an essay titled “Taming IVF’s Wild West: Real regulation is long overdue. But consumer protection is not enough.”

Posted at 8:40 PM by Howard Bashman



“Harry Reid Botches Miers Nomination; Huge victory for conservatives”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:30 PM by Howard Bashman



“Um Wow, How Was Neal Katyal Sitting Courtside at an NBA Playoff Game? Come, let us together investigate how corporate America’s favorite Supreme Court lawyer could possibly have found himself watching Jamal Murray from the comfort of the best seats in the house.” Jay Willis has this post at Balls and Strikes.

Posted at 8:27 PM by Howard Bashman



“A rare Georgia Supreme Court race could hinge on abortion rights”: Greg Bluestein and Rosie Manins of The Atlanta Journal-Constitution have this report.

Posted at 8:25 PM by Howard Bashman



Wednesday, May 1, 2024

“Israel high court hears first case challenging secret detentions in Gaza war”: Claire Parker and Hazem Balousha of The Washington Post have this report.

Posted at 9:30 PM by Howard Bashman



“Catastrophizing the Oral Argument in Trump v. U.S.; No, the justices were not normalizing the president as a crime boss”: Jack Goldsmith has this post at the “Lawfare” blog.

Posted at 9:25 PM by Howard Bashman



“Amy Coney Barrett is no handmaid to the Supreme Court’s conservative majority”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 9:18 PM by Howard Bashman



“Arizona Lawmakers Repeal 1864 Abortion Ban, Creating Rift on the Right; Two Republican state senators broke with their party to ensure final passage of the repeal; Gov. Katie Hobbs, a Democrat, is expected to sign it on Thursday”: Jack Healy and Elizabeth Dias of The New York Times have this report.

The article notes that one of the votes to repeal the law came from Republican State Senator Shawnna Bolick, “whose husband is one of the Arizona Supreme Court justices who upheld the 1864 law.”

Posted at 9:16 PM by Howard Bashman



“9th Circuit reprimands San Diego federal judge for misconduct in handcuffing of defendant’s teen daughter; U.S. District Judge Roger Benitez said he was trying to scare girl away from using drugs, but appeals court found he had no authority to order her restrained”: Alex Riggins of The San Diego Union-Tribune has this report.

Bob Egelko of The San Francisco Chronicle reports that “9th Circuit reprimands California judge who handcuffed, berated crying 13-year-old girl.”

And Nate Raymond of Reuters reports that “Panel reprimands California federal judge for cuffing 13-year-old girl.”

You can access today’s order of the Judicial Council of the Ninth Circuit at this link.

Posted at 8:15 PM by Howard Bashman



“Jones Day Leads in Supreme Court Arguments With New Faces”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 3:27 PM by Howard Bashman



“When judges get free trips to luxury resorts, disclosure is spotty”: Tom Dreisbach and Carrie Johnson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 3:00 PM by Howard Bashman



“Florida’s Six-Week Abortion Ban Is Now Law, With Political Implications; The ban, which took effect on Wednesday, was part of Gov. Ron DeSantis’s push into cultural conservatism; But Florida politics is rarely that simple”: Patricia Mazzei of The New York Times has this news analysis.

Caroline Kitchener of The Washington Post has an article headlined “Tears and despair at Florida abortion clinic in final hours before ban; A Fort Lauderdale-area clinic saw patients into the night — and turned some away — as the state prepared for a six-week abortion ban to take effect May 1.”

And in commentary, online at Slate, law professor Mary Ziegler has a Jurisprudence essay titled “The Six-Week Abortion Ban in Florida Is Only the Beginning; The history of these bans suggests they’re far from the anti-abortion movement’s endgame.”

Posted at 2:58 PM by Howard Bashman



“Inside the far-right plan to use civil rights law to disrupt the 2024 election; Experts describe the plan as a legal long shot, but say it could sow doubts about the integrity of a rematch between President Biden and former President Trump”: Sarah D. Wire and Mackenzie Mays of The Los Angeles Times have this report.

Posted at 2:54 PM by Howard Bashman



“Trump immunity plea sets up test for Supreme Court on judicial restraint; The Supreme Court’s search for a ruling of the ages over presidential immunity could leave the justices attempting to square a circle”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 2:52 PM by Howard Bashman



“Johnson & Johnson to pay $6.5 billion to resolve nearly all talc ovarian cancer lawsuits in U.S.; The deal, pending approval by claimants, would allow J&J to resolve the lawsuits through a third bankruptcy filing of a subsidiary company”: Annika Kim Constantino of CNBC has this report.

Today, Johnson & Johnson issued a news release titled “Johnson & Johnson Announces Plan by its Subsidiary, LLT Management LLC, to Resolve All Current and Future Ovarian Cancer Talc Claims Through a Consensual ‘Prepackaged’ Reorganization; The Plan would resolve 99.75% of all pending talc lawsuits against Johnson & Johnson and its affiliates in the United States.”

Posted at 2:40 PM by Howard Bashman



“Justice Stephen Breyer’s blunt message to Supreme Court conservatives: ‘Slow down’; The retired liberal justice spoke to ABC News Live Prime.” Devin Dwyer, Patty See, and Sarah Herndon of ABC News have this report.

Posted at 2:28 PM by Howard Bashman



Tuesday, April 30, 2024

“Kevin Ritz — Nominee to the U.S. Court of Appeals for the Sixth Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 8:52 PM by Howard Bashman



“Phila. Judge Rejects Challenge to $977M Defective Seatbelt Verdict, Adds $33.4M in Delay Damages”: Aleeza Furman of The Legal Intelligencer has this report.

Posted at 4:35 PM by Howard Bashman



“Supreme Court declines to block Texas pornography restriction; The pornography industry challenged the state law’s age-verification provision, saying it places an unlawful burden on adults wishing to access content”: Lawrence Hurley of NBC News has this report on an order that the U.S. Supreme Court issued today.

Posted at 12:50 PM by Howard Bashman



“How the TikTok Law Could Intensify the US-China Tech Spat; The law is almost certain to lead to a Supreme Court case and retaliation against US interests in China”: Brad Stone and Anna Edgerton of Bloomberg Businessweek have this report.

Posted at 10:30 AM by Howard Bashman



“Florida Democrats hope abortion and marijuana questions draw young voters despite low enthusiasm”: Stephany Matat of The Associated Press has this report.

Posted at 10:28 AM by Howard Bashman



“Victims of harassment by federal judges often find the judiciary is above the law”: Carrie Johnson had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 10:25 AM by Howard Bashman



“Trump says Republicans always wanted to leave abortion law to states. That’s false. Republicans have consistently pushed for national restrictions on abortion, including former President Donald Trump himself. The 2024 election could give them the opportunity.” Sahil Kapur of NBC News has this report.

Posted at 10:24 AM by Howard Bashman



“Remember, SCOTUS — Presidential Immunity Would Apply to Joe Biden, Too; We’re all nervous about what Donald Trump would do with immunity for official acts; But remember, two can play that game”: Michael Tomasky has this essay online at The New Republic.

Posted at 10:22 AM by Howard Bashman



“Adeel Mangi Downplayed His Involvement With Anti-Israel Think Tank, Emails Show”: Chuck Ross of The Washington Free Beacon has this report.

Posted at 10:20 AM by Howard Bashman



Monday, April 29, 2024

“Can this firm invest in only Black women? This case will decide. The legal firepower on both sides of the Fearless Fund case reflects the disparate views on the nature of discrimination and the role of history in shaping public policy.” Julian Mark of The Washington Post has this report.

Posted at 10:00 PM by Howard Bashman



“A former Democratic Georgia congressman hopes abortion can power his state Supreme Court bid”: Jeff Amy of The Associated Press has this report.

Posted at 9:53 PM by Howard Bashman



“University drag ban arguments focus on SCOTUS nondiscrimination policy decision; In response to questions from Judge James Ho, the student group’s lawyer, from FIRE, said he was not there to ‘defend’ 2010’s Christian Legal Society v. Martinez decision”: Chris Geidner has this post at his Substack site.

Posted at 9:51 PM by Howard Bashman