How Appealing



Tuesday, August 15, 2023

“The Looming Supreme Court Nullification Crisis: The precedent-smashing, highly political Roberts Court is likely to trigger outright defiance by the left and right; Just look at Alabama’s failure to comply with a recent Court ruling.” Law professor Garrett Epps has this essay online at Washington Monthly.

Posted at 9:30 PM by Howard Bashman



“Will anyone trust these hyper-politicized courts to try Donald Trump? The federal judiciary is a cesspool of partisanship, and now it’s being asked to oversee some of the most politically fraught criminal trials in American history.” Ian Millhiser has this essay online at Vox.

Posted at 9:26 PM by Howard Bashman



“Dozens reverse Supreme Court Justice Rebecca Bradley’s edits to her Wikipedia page”: Daniel Bice of The Milwaukee Journal Sentinel has this report.

Posted at 9:24 PM by Howard Bashman



“Crypto industry steps up arguments that Supreme Court doctrine bars SEC enforcement”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 9:10 PM by Howard Bashman



“‘Sleeping in my car’: This Supreme Court case could change how disabled Americans book hotel rooms; Disability ‘testers’ sue hotels for failing to note if they are accessible to people with disabilities; The Supreme Court will decide if they can do that even if they don’t intend to book a room.” John Fritze of USA Today has this report.

Posted at 9:03 PM by Howard Bashman



“The Other Black Justice on the Supreme Court: Thirty years after his death, Thurgood Marshall’s ideas still resonate.” Juan Williams has this essay online at The Atlantic.

Posted at 8:57 PM by Howard Bashman



Monday, August 14, 2023

“Why Alabama’s Congressional Maps May Need to Be Redrawn, Again; A panel of federal judges will soon decide whether Alabama Republicans complied with a court mandate to create a map that gives Black voters more power”: Emily Cochrane of The New York Times has this report.

Posted at 10:40 PM by Howard Bashman



“Colleges Can Still Consider Race in Admissions Within Limits, Biden Administration Says; Education, Justice departments highlight the ways schools may pursue a diverse student population in wake of Supreme Court ruling”: Melissa Korn of The Wall Street Journal has this report.

And Anemona Hartocollis of The New York Times reports that “Administration Urges Colleges to Pursue Diversity Despite Affirmative Action Ban; In its first guidance since the Supreme Court decision, the administration says many recruitment programs are still allowed, but other questions are left unanswered.”

Posted at 10:38 PM by Howard Bashman



“No Catholics Need Adopt: A Massachusetts couple is denied a foster child because of religious views.” Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 10:12 PM by Howard Bashman



“The Supreme Court is taking a wrecking ball to the wall between church and state; The Court’s Republican majority has ground the Constitution’s establishment clause down to a nub”: Ian Millhiser has this essay online at Vox.

Posted at 9:54 PM by Howard Bashman



“Wisconsin’s Supreme Court must resolve issues with infighting ahead of crucial cases”: This audio segment appeared on yesterday’s broadcast of NPR’s “Weekend Edition Sunday.”

Posted at 9:52 PM by Howard Bashman



“Of Insurrections, Presidents, and the Utter Failure of Constitutional Law to Address the Real Issues”: Eric Segall has this blog post at “Dorf on Law.”

Posted at 9:48 PM by Howard Bashman



“Social Media Laws Violate Speech Rights, DOJ Tells Supreme Court; Biden administration urges review of laws in Texas, Florida; Filing largely backs social media challenges to state laws”: Greg Stohr of Bloomberg News has this report.

You can view the Solicitor General’s invitation brief at this link.

Posted at 9:42 PM by Howard Bashman



“40. Ex parte McCardle and Congress’s Power over the Court’s Appellate Jurisdiction; The Supreme Court’s 1869 ruling allowing Congress to take away its jurisdiction over a pending case is quite a story in its own right, and has important separation-of-powers implications for today.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:34 PM by Howard Bashman



“Why Are So Many of Trump’s Alleged Co-Conspirators Lawyers?” Law professor Deborah Pearlstein will have this guest essay in Tuesday’s edition of The New York Times.

Posted at 9:26 PM by Howard Bashman



“How the Late RBG’s Collar Tells a Powerful Message; Justice Ruth Bader Ginsburg’s metallic Pegasus collar has become an iconic portrayal of her strength and power in her final days.” Tony Mauro has this post at his “The Marble Palace Blog” via The National Law Journal.

Posted at 9:20 PM by Howard Bashman



Friday, August 11, 2023

“How This Knife Could Upend Restrictions on Weapons All Across the Nation; A federal appeals court ruling could have a massive impact on the future of gun safety in America”: Matt Ford has this essay online at The New Republic.

Posted at 10:15 PM by Howard Bashman



“Ohio’s GOP-controlled Supreme Court rejects legal challenge to proposed abortion-rights amendment”: Jeremy Pelzer of The Cleveland Plain Dealer has this report.

And Jessie Balmert of The Cincinnati Enquirer reports that “Ohio Supreme Court rejects legal challenge, clears path for November abortion rights vote.”

You can access today’s ruling of the Supreme Court of Ohio at this link.

And in related news, Susan Tebben of Ohio Capital Journal reports that “Ohio Supreme Court sets date for arguments in abortion appeal.”

Posted at 9:52 PM by Howard Bashman



“Last lawsuits seeking to stop Mountain Valley Pipeline dismissed by appeals court”: Laurence Hammack of The Roanoke Times has this report.

Mike Tony of The Charleston (W. Va.) Gazette-Mail reports that “Federal court clears way for Mountain Valley Pipeline completion as regulators flag potential safety risks.”

Michael Lemley of WVNews reports that “Fourth Circuit dismisses cases challenging Mountain Valley Pipeline.”

John Raby of The Associated Press reports that “US appeals court dismisses motion challenging permits for natural gas pipeline.”

Clark Mindock of Reuters reports that “US appeals court rejects challenge to Mountain Valley pipeline.”

And Shayna Greene of Bloomberg Law reports that “Mountain Valley Pipeline Challenges Fall at US Appeals Court.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Each of the judges on the panel issued an opinion.

Posted at 8:50 PM by Howard Bashman



“The Supreme Court justice lifestyle is for me!” Columnist Alexandra Petri has this essay online at The Washington Post.

Posted at 8:25 PM by Howard Bashman



“Fox General Counsel Will Depart; Viet Dinh, Fox’s top lawyer, advised the company through its landmark $787.5 million settlement with Dominion Voting Systems”: Jeremy W. Peters of The New York Times has this report.

Posted at 4:22 PM by Howard Bashman



“Q&A: Newly Retired Judge Greenaway on Law Clerk Diversity, Collegiality and His Path to the Bench.” Avalon Zoppo of The National Law Journal has this report.

Posted at 4:18 PM by Howard Bashman



Justice Brett M. Kavanaugh is now listed as a speaker at the 2023 Appellate Judges Education Institute Summit in Washington, DC: Details here. I have been attending these annually since the 2014 Summit in Dallas, Texas (brrr, it was cold there!), and have just registered to attend this year’s event. Hope to see you there!

Posted at 4:12 PM by Howard Bashman



“Legal Ethics Roundup No. 2 — Lawyer Co-Conspirators in a Presidential Indictment, SCOTUS v. Congress on Ethics, ABA Stifles Ethics Innovation Op-Ed & More”: Renee Knake Jefferson has this post at her new Substack site, “Legal Ethics.”

Posted at 9:46 AM by Howard Bashman



“The kingmaking Trump ally behind a cadre of rightwing judges; Aileen Cannon, the judge assigned to the documents case, is under increasing scrutiny — reflecting Leonard Leo’s impact on the US judiciary”: Adam Gabbatt of The Guardian has this report.

Posted at 9:44 AM by Howard Bashman



Thursday, August 10, 2023

“Supreme Court Blocks Purdue Pharma’s $6 Billion Sackler Opioid Settlement; The justices will examine if bankruptcy courts can force claimants to sign away their legal rights in a settlement”: Jess Bravin and Alexander Saeedy of The Wall Street Journal have this report.

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 9:24 PM by Howard Bashman



“A Mississippi case leads US appeals court to strike down lifetime gun ban for drug users”: Margaret Baker of The Biloxi Sun Herald has this report.

Lindsay Whitehurst of The Associated Press reports that “Appeals court rules against longstanding drug user gun ban cited in Hunter Biden case.”

Nate Raymond of Reuters reports that “Drug user cannot be barred from owning guns, US court rules.”

Devan Cole of CNN reports that “Federal appeals court strikes down law prohibiting users of illegal drugs from possessing firearms.”

Chris Pandolfo of Fox News reports that “5th Circuit deals blow to federal gun statute used in Hunter Biden case; Biden faces charges in Delaware under the same statute declared unconstitutional by the 5th Circuit.”

Zach Schonfeld of The Hill reports that “Appeals court rules for man who challenged ban on illegal drug users possessing firearms.”

Kaelan Deese of Washington Examiner reports that “Federal gun law used in Hunter Biden case voided by appeals court.”

And Matthew Rice of The New York Sun reports that “Court Strikes Down Law Barring Drug Users From Possessing Firearms — the Same Charge Levied Against Hunter Biden; The decision is just one of dozens in which lower court judges have had to use new methods of historical interpretation set forth by the Supreme Court.”

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

Posted at 9:18 PM by Howard Bashman