How Appealing



Monday, May 6, 2024

“Former Supreme Court justice Stephen Breyer: ‘Are you kidding? You’ll get more cases than ever!’; The American lawyer on the problem of overturning of Roe vs Wade, the ‘psychological difficulty’ of retirement — and what ‘Macbeth’ tells us about Washington.” Stefania Palma of Financial Times has this “Lunch with the FT” report.

Posted at 1:26 PM by Howard Bashman



“Asked and Answered: A Listener Mailbag Episode!” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 12:10 PM by Howard Bashman



“Six months out: The dangers to — and from — the courts in a second Trump administration; If Trump does win, even the best-case scenarios are very bad — for Democrats and the left, certainly, but also for democracy.” Chris Geidner has this post at his Substack site.

Posted at 12:07 PM by Howard Bashman



“UC Berkeley opens civil rights investigation into backyard confrontation between a law professor and a student; Malak Afaneh attempted to deliver a pro-Palestinian speech at an invitation-only dinner when professor Catherine Fisk tried to grab her microphone”: Alicia Victoria Lozano of NBC News has this report.

Posted at 12:06 PM by Howard Bashman



“How Originalism Ate the Law: The Trick; Part one of a series examining the theory of constitutional interpretation that has eaten the law and gobbled up a bunch of your rights with it.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:57 AM by Howard Bashman



“Judicial Notice (05.05.24): Not Above The Law; A bad day for a DA, Columbia sued over antisemitism, the debut of A&O Shearman, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:53 AM by Howard Bashman



Saturday, May 4, 2024

“How ‘History and Tradition’ Rulings Are Changing American Law: A new legal standard is gaining traction among conservative judges — one that might turn back the clock on drag shows, gun restrictions and more.” Emily Bazelon will have this article in tomorrow’s edition of The New York Times Magazine.

Posted at 8:40 PM by Howard Bashman



Friday, May 3, 2024

“Federal judge sentences McGirt to 30 years, expected to be released in 30 days”: Mckenzie Richmond of Tulsa, Oklahoma’s KTUL has this report.

Posted at 5:22 PM by Howard Bashman



“Biden Top Supreme Court Lawyer Laments Shadow Docket Effect”: Suzanne Monyak and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 5:17 PM by Howard Bashman



“Generating Predictions for Grants Pass v. Johnson”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 3:10 PM by Howard Bashman



“Texas man files legal action to probe ex-partner’s out-of-state abortion; The previously unreported petition reflects a potential new antiabortion strategy to block women from ending their pregnancies in states where abortion is legal”: Caroline Kitchener of The Washington Post has this report.

According to the article, “Davis’s petition — filed under Texas’s Rule 202 by Jonathan Mitchell, a prominent antiabortion attorney known for devising new and aggressive legal strategies to crack down on abortion — follows a lawsuit filed last spring by another Texas man, Marcus Silva, who is attempting to sue three women who allegedly helped his ex-wife obtain abortion pills.”

Posted at 3:07 PM by Howard Bashman



Thursday, May 2, 2024

“Inside the ground game to win Florida abortion referendum votes; Democrats and Republicans are coalescing around two contrasting messages on Florida’s Amendment 4 on abortion as they aim to persuade moderate voters”: Lori Rozsa of The Washington Post has this report.

Posted at 10:10 PM by Howard Bashman



“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