How Appealing



Thursday, February 9, 2023

“‘Common Good Originalism: A Debate’ with Josh Hammer and Professor William Baude.” University of Chicago Federalist Society has posted this video on YouTube.

Posted at 9:50 PM by Howard Bashman



“Supreme Court might have easy outs on elections, immigration”: Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 5:57 PM by Howard Bashman



“Signing On With Senator Orrin Hatch; ‘We’re in an election cycle'”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 4:15 PM by Howard Bashman



“Heartbreaking: Young Clarence Thomas Was Absolutely Jacked; Before blowing out his Achilles in 1993, Thomas had finished a marathon in three hours and preferred the most cursed workout soundtrack imaginable.” Jay Willis has this post at Balls and Strikes.

Posted at 4:12 PM by Howard Bashman



“Column Reinforced Harmful Gender Stereotypes About Lawyers, Caregiving Roles”: The Legal Intelligencer has published this letter to the editor from Nicole D. Galli and Michelle Browning Coughlin.

The recent installment of my “Upon Further Review” column sought to attribute those outdated views to the Third Circuit as motivation for its rule change proposing a 5 p.m. electronic filing deadline, and not to offer them as my own views, as I think my column makes clear.

Posted at 3:42 PM by Howard Bashman



“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions”: Roxanna Asgarian of The Texas Tribune has this report.

Posted at 3:08 PM by Howard Bashman



“Conceding Issues for Purposes of Appeal v. Waiving Issues on Appeal; The Seventh Circuit explained the difference between conceding an issue for purposes of an appeal and waiving the issue outright”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 2:54 PM by Howard Bashman



“New Data Reveals Division Among Pennsylvania’s Justices; In 2022, the justices wrote 68 concurring or dissenting opinions or statements; Amid the differing opinions, certain justices were far more inclined to split from the majority than others”: Aleeza Furman of The Legal Intelligencer has this news analysis.

Posted at 12:48 PM by Howard Bashman



“More Pork! And the Prevention of Cruelty to Animals; A few more words about the constitutional status of animal cruelty laws.” David Post has this post at “The Volokh Conspiracy.”

Post’s recent earlier post about the case was titled “Let’s Talk Pork! Not the political kind, the real kind, the stuff you get from pigs.” It began, “The Supreme Court has a pretty interesting, and potentially very important, ‘dormant commerce clause’ case before it this term — National Pork Producers Council v. Ross.”

Posted at 10:48 AM by Howard Bashman



“Another Judge on the Acela Corridor Takes The Thirteenth Amendment Seriously; Judge Matey’s concurrence sketches out the original meaning of ‘involuntary servitude'”: Josh Blackman has this post at “The Volokh Conspiracy” about a decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.

And in earlier news coverage of the case, Robert Iafolla of Bloomberg Law previewed the appellate oral argument in an article headlined “Prison Labor Rights in Focus as 3rd Cir. Hears $5-a-Day Pay Case.”

Posted at 10:44 AM by Howard Bashman



“5th Circuit gun ruling uses faulty reasoning; When legal history becomes a legal straitjacket”: David Coale has this essay online at The Dallas Morning News.

Posted at 9:08 AM by Howard Bashman



“Supreme Court justices discussed, but did not agree on code of conduct”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Posted at 9:04 AM by Howard Bashman



Wednesday, February 8, 2023

“New Pa. Supreme Court opinion opens the door for a patchwork of county policies on wrongly dated ballots; A new set of opinions helped explain the court’s earlier ruling; They also created a new opening for policies on dating ballots”: Jonathan Lai and Jeremy Roebuck of The Philadelphia Inquirer have this report.

Today’s opinions follow on the heels of a per curiam order that the Supreme Court of Pennsylvania issued on November 1, 2022.

Today’s opinions consist of a majority opinion in part, a concurring opinion, and two concurring and dissenting opinions (here and here).

Justice P. Kevin Brobson‘s concurring and dissenting opinion cites to a recent appellate column of mine in footnote six on page 4.

Posted at 9:36 PM by Howard Bashman



“Is the Supreme Court Out of Step with Public Opinion? No — it is more accurate to say that the Court is at odds with the progressive doctrines of those who make this claim.” James Piereson has this essay online at City Journal.

Posted at 9:08 PM by Howard Bashman



“Supreme Court justices face new pressure to adopt code of conduct; Justices are under increasing scrutiny for alleged ethical lapses but have repeatedly refused to adopt the same code followed by lower court judges”: Lawrence Hurley of NBC News has this report.

Posted at 9:06 PM by Howard Bashman



“SC Supreme Court, on heels of abortion ruling, now all male for the 1st time in 35 years”: Javon L. Harris and Joseph Bustos of The State of Columbia, South Carolina have this report.

Posted at 9:03 PM by Howard Bashman



“SC Supreme Court turns down request for rehearing state’s 6-week abortion ban”: Joseph Bustos of The State of Columbia, South Carolina has this report.

Posted at 8:48 PM by Howard Bashman



“Cert Grant on Preserving Issues via Denied Summary-Judgment Motions; The Supreme Court will finally decide whether a denied summary-judgment motion preserves purely legal issues for appeal”: Bryan Lammon has this post at his “final decisions” blog, along with a post titled “New Cert Petition on Reviewing Hardship Determinations in Immigration Appeals; The courts of appeals have split over whether they can review hardship determinations in immigration appeals; A new cert petition would let the Supreme Court weigh in.”

Posted at 2:40 PM by Howard Bashman



“From Lawyer To Judge And Back Again: An Interview With Gary Feinerman; Why did Judge Feinerman leave the bench, and what are his plans at Latham & Watkins?” You can access the new episode of David Lat’s “Original Jurisdiction” podcast via this link.

Posted at 2:32 PM by Howard Bashman



“Professor Xiao Wang in the Minnesota Law Review Refutes A Position I Do Not Hold; When you say someone is wrong, quote them, to ensure you are properly attributing their view”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:22 PM by Howard Bashman



Tuesday, February 7, 2023

“DOJ says end of health emergency will terminate Title 42 policy and moot Supreme Court case; The Tuesday submission comes just a week after the administration formally announced its plan to end the public health emergency”: Myah Ward of Politico has this report.

Posted at 9:51 PM by Howard Bashman



“Florida state court system, US, EU universities hit by ransomware outbreak”: James Pearson and Raphael Satter of Reuters have a report that begins, “A global ransomware outbreak has scrambled servers belonging to Florida’s Supreme Court and several universities in the United States and Central Europe, according to a Reuters analysis of ransom notes posted online to stricken servers.”

Posted at 9:47 PM by Howard Bashman



“Symposium To Look at Reclaiming Reproductive Rights After Dobbs”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 5:47 PM by Howard Bashman



“Roberts Tries to Stay Above Fray as High Court’s Standing Falls”: Kimberly Strawbridge Robinson and Lydia Wheeler of Bloomberg Law have this report.

Posted at 4:23 PM by Howard Bashman



“From nodding off to spouting off: How the Supreme Court can make news at the State of the Union.” John Fritze of USA Today has this report.

Posted at 12:52 PM by Howard Bashman