How Appealing



Thursday, October 20, 2022
Wednesday, October 19, 2022

“Roundup MDL judge: plaintiffs’ attys’ free-rider ‘obsession’ is ‘out of control.'” Brendan Pierson of Reuters had this report back in June 2021.

A three-judge Ninth Circuit panel tomorrow will hear oral argument of an appeal from that decision. The oral argument is scheduled to begin at 9 a.m. pacific time, noon eastern time, in Portland, Oregon. Once it begins, you can view the oral argument live on YouTube via this link.

Posted at 9:48 PM by Howard Bashman



“Court rulings wipe out gun laws in wake of Supreme Court decision; Lower court judges express confusion, uncertainty as they interpret June decision”: Michael Macagnone of Roll Call has this report.

Posted at 9:40 PM by Howard Bashman



“The Conservative Stalwart Challenging the Far-Right Legal Theory That Could Subvert American Democracy; J. Michael Luttig is opposing Republican groups in one of the most momentous cases that the Supreme Court is considering this term”: Jane Mayer has this report online at The New Yorker.

Posted at 9:38 PM by Howard Bashman



“Wisconsin legal group petitions U.S. Supreme Court to block Joe Biden’s loan forgiveness plan”: Kelly Meyerhofer of The Milwaukee Journal Sentinel has this report.

Posted at 8:00 PM by Howard Bashman



“The Faulty Case against Arkansas’s Law Limiting Gender Treatments for Minors”: Christopher Mills has this post at National Review’s “Bench Memos” blog.

Posted at 7:55 PM by Howard Bashman



“Despite outcry, Marion County agency doesn’t pull case that’s at Supreme Court”: Johnny Magdaleno and Tony Cook of The Indianapolis Star have a report that begins, “Leaders of Marion County’s public health agency took no action Tuesday to change course on a U.S. Supreme Court petition that could carry national consequences, even as prominent Democrats and disability rights advocates begged them to withdraw the case.”

Posted at 4:44 PM by Howard Bashman



“What Does ‘Abortion’ Mean? Even the Word Itself Is Up for Debate. In medical terms, the definition is clear. But when disputes arise, opponents argue that not every termination is an abortion.” Kate Zernike has this front page article in today’s edition of The New York Times.

Posted at 4:32 PM by Howard Bashman



“The wrong way to combat cancel culture”: Online at The Hill, law professor Steven Lubet has an essay that begins, “Judge James Ho created quite a stir when he delivered the keynote address at a Federalist Society conference last month in Kentucky.”

Posted at 4:25 PM by Howard Bashman



“Nonprecedential Precedent in Patent Venue Disputes”: At the “Patently-O” blog, Paul R. Gugliuzza has a guest post that begins, “The Federal Circuit decides lots of mandamus petitions on transfer of venue under 28 U.S.C. § 1404(a). Most federal courts of appeals decide one or two per year, at most. The Federal Circuit, in 2021 alone, decided 30. Yet the Federal Circuit rarely designates those decisions as precedent.”

Posted at 1:15 PM by Howard Bashman



“Is Judge’s Yale Boycott A Sign of ‘Supreme’ Ambitions?” Bloomberg Law has posted online this new episode of its “On The Merits” podcast, featuring Bloomberg Law columnists Lydia Wheeler and Vivia Chen.

Posted at 1:12 PM by Howard Bashman



“Supreme Court affirmative action cases spark heated debate over meaning of Brown v. Board; The landmark 1954 decision held that racial segregation in public schools was unconstitutional; Does it also stand for the principle that the Constitution requires colorblindness?” John Fritze of USA Today has this report.

Posted at 1:06 PM by Howard Bashman



“Do Early Term Arguments Lead to Less Contentious Decisions?” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 12:44 PM by Howard Bashman



Tuesday, October 18, 2022

“Iowa Supreme Court does not have authority to reinstate 2018 fetal heartbeat bill, opponents’ attorneys argue; Attorneys for the groups that successfully challenged the law in 2019 filed their response to recent arguments by attorneys for Gov. Kim Reynolds, who has asked the courts to reinstate the law”: Erin Murphy of The Gazette of Cedar Rapids, Iowa has this report.

Posted at 10:08 PM by Howard Bashman



“Artist at center of Supreme Court fight ‘rocked’ by Colorado law that makes her cater to same-sex weddings; The Supreme Court will hear oral arguments in the landmark First Amendment case Dec. 5”: Brianna Herlihy of Fox News has this report.

Posted at 10:04 PM by Howard Bashman



“Victor in Supreme Court Bostock Bias Case Settles Georgia Suit”: Chris Marr of Bloomberg Law has this report (subscription required for full access).

Posted at 10:03 PM by Howard Bashman



“Senate confirms Wainer Apter, Fasciale, bringing N.J. Supreme Court to near-full strength; Wainer Apter gets almost no support from Republicans; Fasciale vote is unanimous”: Joey Fox of the New Jersey Globe has this report.

Posted at 10:00 PM by Howard Bashman



“Florida voters will decide whether to retain 5 of 7 state Supreme Court justices; Three of the judges up for retention were appointed by Crist, two were appointed by DeSantis”: Allison Ross of The Tampa Bay Times has this report.

Posted at 9:55 PM by Howard Bashman



“First Woman to Serve on U.S. Third Circuit Dies at Age 90; ‘She inspired generations of women to follow in her footsteps as lawyers and judges,’ said Chief Judge Michael A. Chagares, who sits on the U.S. Court of Appeals for the Third Circuit”: Aleeza Furman of The Legal Intelligencer has this report.

Posted at 5:56 PM by Howard Bashman



Monday, October 17, 2022

“Supreme Court won’t take case raising past rulings denounced as racist; The Biden administration had said a citizenship case from American Samoa was not a good vehicle for reexamining a series of rulings called the Insular Cases”: Robert Barnes of The Washington Post has this report.

Posted at 10:40 PM by Howard Bashman



“Judge DeAndrea Benjamin — Nominee to the U.S. Court of Appeals for the Fourth Circuit”: Harsh Voruganti has this post at his “The Vetting Room” blog.

Posted at 8:42 PM by Howard Bashman



“Indiana case before U.S. Supreme Court could help red states defund Planned Parenthood”: Tony Cook and Johnny Magdaleno of The Indianapolis Star have this report.

Posted at 1:27 PM by Howard Bashman



“Why is Clarence Thomas talking about Syracuse Orange in a Supreme Court case?” Geoff Herbert of The Post-Standard of Syracuse, New York has this report.

Posted at 1:22 PM by Howard Bashman



“Key trends to watch as the Supreme Court reopens its doors”: Shay Dvoretzky and Emily Kennedy have this essay online at Reuters.

Posted at 1:18 PM by Howard Bashman



“Supreme Court Arguments Get Longer to the Delight of Advocates”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:16 PM by Howard Bashman



“Republicans want the Pa. Supreme Court to stop undated mail ballots from being counted; Undated mail ballots in Pennsylvania have been a persistent source of political and legal conflict since the 2020 election”: Jonathan Lai of The Philadelphia Inquirer has this report.

Posted at 1:07 PM by Howard Bashman