How Appealing



Thursday, March 18, 2021

“Juries are supposed to be unanimous. But I was convicted under an unconstitutional law. I was convicted by a monument to racism. Today, that monument can and should be taken down by the same person who sentenced me.” Terrence Hayes has this essay online at USA Today.

Posted at 7:14 PM by Howard Bashman



“Appeals court revives criminal case against Michael Flynn’s ex-business partner”: Rachel Weiner and Ann E. Marimow of The Washington Post have this report.

Matthew Barakat of The Associated Press reports that “Appeal court reinstates conviction of Flynn business partner.”

Josh Gerstein of Politico reports that “Court reinstates guilty verdicts against Flynn partner over Turkey lobbying; Judge erred by tossing out jury’s conclusion that Trump transition adviser Bijan Rafiekian evaded lobbying laws, appeals court rules.”

And Erika Williams of Courthouse News Service reports that “Guilty Verdict Against Ex-Flynn Partner Reinstated; The Fourth Circuit made mincemeat of Bijan Kian’s acquittal after-the-fact, saying the trial court was also wrong to conditionally grant a new trial.”

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

Posted at 6:58 PM by Howard Bashman



“It’s nearly impossible to hold federal officers accountable. The Supreme Court can change that.” Anya Bidwell, Patrick Jaicomo, and Alexa Gervasi have this essay online at The Washington Post.

Posted at 4:56 PM by Howard Bashman



“A Supreme Court case could devastate unions’ ability to organize. And that’s just the start.” Law professor Aaron Tang has this essay online at The Washington Post.

Posted at 4:48 PM by Howard Bashman



“Biden on Pace to Flip Positions at Supreme Court More Than Trump”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 10:49 AM by Howard Bashman



“Maine likes not-too-religious schools”: Columnist George F. Will has this op-ed in today’s edition of The Washington Post.

Posted at 9:52 AM by Howard Bashman



“The new top editor of Georgetown’s flagship law journal is ‘undocumented and unafraid'”: Ann E. Marimow of The Washington Post has this report.

Posted at 9:50 AM by Howard Bashman



“Supreme Court to hear challenge to California law that allows union organizers on farms”: David G. Savage of The Los Angeles Times has this report.

Posted at 9:45 AM by Howard Bashman



Wednesday, March 17, 2021

“Washington Supreme Court considers case that could impact whether cities can tow cars people live in”: In today’s edition of The Seattle Times, Scott Greenstone has a front page article that begins, “The Washington Supreme Court heard oral arguments Tuesday on a landmark case that could change how Seattle enforces parking violations for homeless people.”

Posted at 10:00 PM by Howard Bashman



“Pennsylvania Bar Dismisses 3rd Circuit Appeal in Rule 8.4(g) Challenge; The bar will presumably try again to draft a constitutional version of the ABA Model Rule”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:57 PM by Howard Bashman



“Michigan Supreme Court won’t rehear case, allows public aid for private schools”: Beth LeBlanc of The Detroit News has this report.

Posted at 9:52 PM by Howard Bashman



“The Supreme Court Has Unfinished School-Choice Business; A petition from Maine parents gives the justices an opportunity to protect religious freedom fully”: Michael Bindas will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 9:50 PM by Howard Bashman



“High Court rules skies to open for returning Israelis; Ash: Decision could lead to wave of high morbidity.” Yonah Jeremy Bob of The Jerusalem Post has this report.

Posted at 9:48 PM by Howard Bashman



“Is the Pennsylvania Supreme Court the key to controlling the Legislature? Democrats seem to think so.” Tom Shortell of The Morning Call of Allentown, Pennsylvania has this report.

Posted at 9:24 PM by Howard Bashman



“Obsession by Sheldon Whitehouse: He wants the new AG to investigate the FBI over Brett Kavanaugh.” This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 9:18 PM by Howard Bashman



“U.S. Antitrust Officials Unlikely to File Supreme Court Appeal in Qualcomm Case; Federal Trade Commission likely to end case that had created a split with Justice Department over chip maker’s practices”: Brent Kendall of The Wall Street Journal has this report.

Posted at 9:15 PM by Howard Bashman



“House Votes to Drop E.R.A. Deadline, Reviving Hopes for Supporters. Again. The vote moves the amendment to ensure gender equality closer to becoming part of the Constitution, a century after it was introduced. But an uphill climb in the Senate and legal wrinkles remain.” Alisha Haridasani Gupta will have this article in Thursday’s edition of The New York Times.

Posted at 9:02 PM by Howard Bashman



“Is Viet Dinh The Most Powerful Lawyer In America? Reports of his power are greatly exaggerated, says Fox’s top lawyer — but there’s no denying that he’s had a most interesting and impressive career.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 3:46 PM by Howard Bashman



“Judges Juggle Over 2,700 Cases Each as Families Wait for Day in Court; Short-handed and deluged by complex cases, New Jersey’s federal court is in a crisis; The backlog of cases has only gotten worse in the pandemic”: Tracey Tully has this front page article in today’s edition of The New York Times.

Posted at 3:42 PM by Howard Bashman



“The anti-‘Roe v. Wade’ movement is increasingly disconnected from facts”: Columnist David Von Drehle has this op-ed in today’s edition of The Washington Post.

Posted at 2:36 PM by Howard Bashman



“Federal Circuit Judge Takes Senior Status: ‘A Good Time to Create a Place for Someone Else’; Judge Evan Wallach’s departure opens the first vacancy for the Biden administration on the nation’s patent appellate court; The judge plans to continue hearing Federal Circuit cases while also sitting by designation on district courts.” Scott Graham has this article online at The National Law Journal.

Posted at 1:18 PM by Howard Bashman



“DC Circuit Shuns ‘Garamond,’ Setting Lawyers Abuzz Over Favorite Fonts; The appeals court issued a notice titled ‘Preferred Typefaces for Briefs’ that essentially declared — but did not mandate — Garamond a dead letter”: Marcia Coyle of The National Law Journal has this report.

Posted at 1:10 PM by Howard Bashman



Tuesday, March 16, 2021

“Feinstein’s Future Could Swing on Husband’s Potential Posting Overseas; Senator Dianne Feinstein’s husband, Richard Blum, is seeking an overseas posting, which could pave the way for her to leave the Senate; She said she would ‘absolutely’ serve out her term”: Jonathan Martin will have this article in Wednesday’s edition of The New York Times.

Posted at 9:20 PM by Howard Bashman



“The pressure to reform the filibuster is already working”: Columnist Paul Waldman has this essay online at The Washington Post.

Posted at 9:03 PM by Howard Bashman