How Appealing



Saturday, March 11, 2023

“Decorated vet’s last stand: FBI agent wants Supreme Court to make VA stop shortchanging veterans on GI Bill benefits; Army vet James Rudisill has enlisted a Chicago lawyer to convince the Supreme Court to force the VA to provide mandated educational benefits to himself and two million other veterans; Ex-Defense Secretary Chuck Hagel says Rudisill is right.” Stephanie Zimmermann of The Chicago Sun-Times has this report.

Posted at 9:24 PM by Howard Bashman



“Three Texas women are sued for wrongful death after allegedly helping friend obtain abortion medication; In the first lawsuit of its kind since Roe v. Wade was overturned, a husband seeks damages from women who allegedly helped his ex-wife obtain the medications to terminate her pregnancy”: Eleanor Klibanoff of The Texas Tribune has this report.

Posted at 1:52 PM by Howard Bashman



“Canadian Supreme Court Judge on Leave During Review of Altercation in Arizona; The judge denied instigating the episode, which an oversight council has been investigating for several weeks”: Vjosa Isai of The New York Times has this report.

And Tonda MacCharles of The Toronto Star reports that “Supreme Court judge calls allegation of drunken behaviour ‘demonstrably false’; A top Canadian judge says he was attacked ‘without warning or provocation’ and punched in the head, denying allegations published Friday from a complainant who said Justice Russell Brown was drunk and bothering a group at an Arizona spa resort in late January.”

Posted at 1:45 PM by Howard Bashman



Friday, March 10, 2023

“Skipping Appellate Jurisdiction to Address Subject-Matter Jurisdiction; The Second Circuit assumed that it had jurisdiction over an interlocutory appeal and held that the district court lacked subject-matter jurisdiction”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 10:14 PM by Howard Bashman



“Yale Law Is No Longer #1 — For Free-Speech Debacles; Congratulations, Stanford Law, you’re the new poster child for intolerance”: David Lat has this post at his “Original Jurisdiction” Substack site.

The Ethics and Public Policy Center has posted on Vimeo a video titled “Judge Duncan event at Stanford.”

Posted at 9:48 PM by Howard Bashman



“US Senate confirms Connecticut justice to federal appeals court”: Nate Raymond of Reuters has this report.

Lisa Hagen of Connecticut Mirror reports that “CT’s Maria Kahn confirmed by U.S. Senate to 2nd Circuit.”

And Tiana Headley of Bloomberg Law reports that “Judge in Key Sandy Hook Ruling Confirmed to US Second Circuit.”

Yesterday, the U.S. Senate confirmed Connecticut Supreme Court Justice Maria Araújo Kahn to serve on the U.S. Court of Appeals for the Second Circuit by a vote of 51-to-42.

Posted at 5:57 PM by Howard Bashman



“The Last of Us: Everything you ever wanted to know about extremely long-serving judges but were afraid to ask.” Adam Unikowsky has this post at his “Adam’s Legal Newsletter” Substack site.

Posted at 3:50 PM by Howard Bashman



“A Louisiana man whose conviction was overturned in a Supreme Court ruling against split juries is found not guilty at new trial; The court ruled in 2020 that Evangelisto Ramos’ conviction by a split jury was unconstitutional, allowing him to receive a second trial”: Corky Siemaszko of NBC News has this report.

Posted at 2:10 PM by Howard Bashman



“High court justice Russell Brown under investigation after altercation at Arizona resort; Canadian Judicial Council says allegations of inappropriate behaviour taken seriously”: Ian Mulgrew of The Vancouver Sun has this report.

Earlier, Sean Fine of The Toronto Globe and Mail reported that “Canadian Judicial Council investigating complaint against Supreme Court Justice Russell Brown.”

For those who enjoy Santas who fight, the film “Violent Night” can now be streamed on Peacock.

Posted at 2:00 PM by Howard Bashman



“On Ohio Supreme Court abortion case, Chief Justice Sharon Kennedy appoints judge who served on crisis pregnancy center board”: Laura Hancock of The Cleveland Plain Dealer has this report.

Posted at 1:48 PM by Howard Bashman



“When will Americans flood the streets to protest our broken, corrupt Supreme Court? Bombshell disclosures about huge paydays for spouses and influencers at a corrupt Supreme Court, drop with a thud? Is real change possible?” Columnist Will Bunch has this essay online at The Philadelphia Inquirer.

Posted at 1:45 PM by Howard Bashman



“Pacific Legal Foundation snags Supreme Court trifecta”: Jenna Greene’s “Legal Action” from Reuters has this post.

Posted at 1:42 PM by Howard Bashman



“US 3rd Circuit’s 5 p.m. Deadline Proposal Prompts Calls for Better Bench-Bar Communication; The Pennsylvania and Philadelphia bar associations, the Third Circuit Bar Association, the Department of Justice and the Pennsylvania ACLU were among the organizations to submit public comment to the court objecting to the change”: Aleeza Furman of The Legal Intelligencer has this excellent article (pass-through link) reporting on various comments that the U.S. Court of Appeals for the Third Circuit received on its proposed change of that court’s electronic filing deadline from 11:59:59 p.m. to 5 p.m.

The article discusses and links to various comments that have not previously been made publicly available. For whatever reason, the Third Circuit is not itself making public the (no doubt extensive) comments it has received on the rule change.

Posted at 11:30 AM by Howard Bashman



Thursday, March 9, 2023

“Solving the Problem of Nonoriginalist Precedent: What should the Supreme Court’s originalist justices do when confronted with nonoriginalist precedents on which citizens have relied?”: John O. McGinnis and Mike Rappaport have this post at the “Law & Liberty” blog.

Posted at 9:57 PM by Howard Bashman



“Florida law banning firearm sales to people younger than 21 upheld by federal appeals court; The Florida legislature passed the law in the wake of the Parkland school shooting”: Paul Best of Fox News has this report on a ruling that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Circuit Judge Robin S. Rosenbaum, who made the list of the list of my 13 favorite federal appellate judge writers back in 2016, wrote the majority opinion.

Posted at 9:54 PM by Howard Bashman



“Florida Republicans Propose 6-Week Abortion Ban; The bills would tighten the current 15-week limit and offer narrow exceptions; Gov. Ron DeSantis said he welcomed ‘pro-life legislation'”: David W. Chen and Patricia Mazzei of The New York Times have this report.

Posted at 9:44 PM by Howard Bashman



“Bill Clinton’s Litmus Test on Roe v. Wade; Did he, or didn’t he, discuss Roe with Ruth Bader Ginsburg?” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:38 PM by Howard Bashman



“Supreme Court could take first transgender sports case with appeal from West Virginia soccer player; West Virginia is one of 18 states that have passed a Save Women’s Sports Act”: Brianna Herlihy of Fox News has this report.

Posted at 9:24 PM by Howard Bashman



“Visiting Judges: Riding Circuit and Beyond; The curious phenomenon of visiting judges and its serious benefits to the federal courts.” Law professor Marin K. Levy has this article in the current issue of Judicature magazine.

Posted at 8:40 PM by Howard Bashman



“At Argument in Husqvarna Case, Justices Questions if Sales Outweigh Physical Presence in Determining Venue; Arguments in Hangey v. Husqvarna Professional Products centered on which factors courts should look at to determine whether a defendant regularly conducts business in a county”: Riley Brennan of The Legal Intelligencer has this report on the second of the two oral arguments I presented yesterday at the Supreme Court of Pennsylvania.

Posted at 1:09 PM by Howard Bashman



Wednesday, March 8, 2023

“If the Supreme Court ends affirmative action in college admissions, diversity could be expanded; In a post-affirmative action world, looking at equity and equality through another lens — class — could level the playing field for low-income students of all backgrounds”: Carla Newman has this essay online at The Boston Globe.

Posted at 9:53 PM by Howard Bashman



“Is the Florida Supreme Court building ‘sick’? Staffers reveal troubling symptoms, but no health regulators are watching.” Noreen Marcus of Florida Bulldog has this report.

Posted at 9:37 PM by Howard Bashman



“‘Why Isn’t This Hearsay?’: Pa. Justices Wary of Opening Products Suits to Industry Standards Evidence; Justice Christine Donohue and Chief Justice Debra Todd were the most vocal questioners during Wednesday’s arguments in Sullivan v. Werner – a case poised to bring clarity to an issue left open by the high court’s influential 2014 ruling in Tincher v. Omega Flex.” Aleeza Furman of The Legal Intelligencer has this report on the first of the two cases that I argued this morning before the Supreme Court of Pennsylvania.

Posted at 4:48 PM by Howard Bashman



“Key Democrats seek info from former judge who reviewed Supreme Court leak probe after CNN exclusive”: Tierney Sneed and Ariane de Vogue of CNN have this report.

Posted at 4:02 PM by Howard Bashman



Programming note: This morning, I will be presenting two separate oral arguments to the Supreme Court of Pennsylvania on behalf of the plaintiffs-appellees in each case. The oral argument audio will be live-streamed on YouTube via this link beginning at 9:30 a.m. eastern time. The cases I am participating in are listed first and third for argument.

As a result, additional posts will not appear here until later this afternoon.

Posted at 7:38 AM by Howard Bashman



Tuesday, March 7, 2023

“Professor Jennifer Mascott, Winner of 2023 Joseph Story Award”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 4:27 PM by Howard Bashman



“The Curious Rise of a Supreme Court Doctrine That Threatens Biden’s Agenda; The ‘major questions doctrine,’ promoted by conservative commentators, is of recent vintage but has enormous power and may doom student loan relief and other programs”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

Posted at 1:18 PM by Howard Bashman