How Appealing



Monday, June 10, 2024

“Justices Sotomayor and Kagan must retire now; I am begging the justices to learn from Ruth Bader Ginsburg’s historic mistake”: Ian Millhiser has this essay online at Vox.

Posted at 1:44 PM by Howard Bashman



“Texas Doubles Down on Life-Threatening Abortion Ban”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 1:33 PM by Howard Bashman



“School Can Ban ‘Two Genders’ Shirt, Appeals Court Says; Twelve-year-old sued after school kept him from wearing shirt; School district claims it was following anti-discrimination law”: Allie Reed of Bloomberg Law has this report.

Still no word, however, on why the decision issued on Sunday.

Posted at 1:05 PM by Howard Bashman



Sunday, June 9, 2024

“The underlying suit, filed in the District of Massachusetts, concerns the ‘hate speech’ provision of a public middle school dress code, which the defendants applied to prohibit a twelve-year-old student first from wearing a t-shirt that read ‘There Are Only Two Genders’ and then from wearing that same t-shirt with the words ‘Only Two’ covered by a piece of tape on which was written ‘CENSORED.’” So explains an opinion that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today — on a Sunday.

Posted at 10:12 PM by Howard Bashman



“Isolated and inexperienced: A portrait of the judge overseeing Trump’s documents case from veterans of her courtroom.” Tierney Sneed and Hannah Rabinowitz of CNN have this report.

Posted at 9:26 PM by Howard Bashman



“Judicial Notice (06.09.24): After Affirmative Action; Important opinions from Judge Kevin Newsom, the start of the Hunter Biden trial, a plaintiffs’ firm’s big payday, and the latest group hire by Paul Hastings.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:24 PM by Howard Bashman



“Hubris, Revenge and a Breakup Brought Down Big Tech’s Proudest Ally; Joshua Wright enjoyed a career as the cleverest mind in antitrust law — until his past caught up with him”: Brody Mullins of The Wall Street Journal has this article, part three in a three-part series.

Posted at 8:52 PM by Howard Bashman



“Supreme Court’s Strains Intensify as Term’s End Approaches; Ideological differences, ethical questions test justices wrestling with decisions on Trump, abortion and guns”: Jess Bravin of The Wall Street Journal has this report.

Posted at 8:45 PM by Howard Bashman



Saturday, June 8, 2024

“For Years, an Esteemed Law Professor Seduced Students. Was He Too Important to Fire? Joshua Wright’s achievements drew millions in donations to his university, but complaints about his personal behavior and cozy ties with Google, Facebook and other tech giants went nowhere.” Brody Mullins of The Wall Street Journal has this report, part two in a three-part series.

Part one, which appeared in the print edition of today’s newspaper, is headlined “The Hidden Life of Google’s Secret Weapon; Joshua Wright cleared a path to domination for the world’s biggest tech companies, keeping regulators at bay while juggling inappropriate relationships and skirting conflict-of-interest standards at every turn.”

Posted at 9:24 PM by Howard Bashman



“Murphy to nominate John Hoffman to N.J. Supreme Court; Former acting attorney general, Rutgers general counsel is governor’s pick for Lee Solomon’s seat”: David Wildstein of New Jersey Globe has this report.

Posted at 8:25 PM by Howard Bashman



“In AI we trust: AI is already able to decide cases correctly.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 10:05 AM by Howard Bashman



Friday, June 7, 2024

“Senate Democrats Face Escalating Calls for Broader Investigation Into Supreme Court; They say their options are limited by the court’s status as a separate branch of government and deep Republican opposition”: Carl Hulse of The New York Times has this report.

Posted at 9:48 PM by Howard Bashman



“Retired judge David Tatel issues a stark warning about the Supreme Court; In a memoir, the retired D.C. Circuit judge reflects on his career and the high court, regret about initially hiding his blindness, and his love for his guide dog, Vixen”: Ann E. Marimow of The Washington Post has this report.

Posted at 9:45 PM by Howard Bashman



“New immigration policy already causing Biden legal headaches; A lawyer for the state of Texas cited the policy as it fights to maintain concertina wire along the border”: Josh Gerstein of Politico has this report.

Posted at 2:50 PM by Howard Bashman



“Fifth Circuit blocks religious-liberty training order in Southwest case; If forced to attend the Alliance Defending Freedom training, ‘The Southwest attorneys . . . would likely suffer a violation of their constitutional rights,’ the appeals court ruled”: Chris Geidner has this post at his Substack site about an unpublished order that a unanimous three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued today.

Posted at 2:48 PM by Howard Bashman



“Who’s The Judge With An ‘Overly Harsh’ Management Style? The answer to this question has been an open secret among legal elites for months.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 12:56 PM by Howard Bashman



“Philadelphia judge reduces $2.25 billion verdict against Monsanto by more than 80%; A jury in January decided in favor of John McKivison, of Lycoming County, who used Roundup to control weeds at his home for about two decades”: Nick Vadala of The Philadelphia Inquirer has this report.

Posted at 12:45 PM by Howard Bashman



“Justice Clarence Thomas formally reports trip to Bali paid for by conservative donor”: John Fritze and Tierney Sneed of CNN have this report.

Posted at 12:42 PM by Howard Bashman



Thursday, June 6, 2024

“Why the Supreme Court’s abortion pill ruling might not end legal fight; If justices rule that the anti-abortion doctors who filed the lawsuit don’t have standing to sue, three conservative states could step into their place”: Ann E. Marimow and Caroline Kitchener of The Washington Post have this report.

Posted at 8:46 PM by Howard Bashman



“Texas Library Must Reshelve Controversial Books, 5th Cir. Says; Appeals court ruling mostly keeps preliminary injunction in place; Removed books involving LGBTQ, racism themes must be reshelved”: Julie Steinberg and Isaiah Poritz of Bloomberg Law have this report.

Kevin McGill of The Associated Press has a report headlined “A Texas county removed 17 books from its libraries. An appeals court says eight must be returned.”

And Brad Brooks of Reuters reports that “US appeals court rules some books be restored to Texas library shelves.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:42 PM by Howard Bashman



“US appellate courts split on threshold for lawsuits challenging diversity programs”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 8:35 PM by Howard Bashman



“What potential grounds does Donald Trump have to appeal his hush money conviction? Trump is set to be sentenced in July.” Nadine El-Bawab of ABC News has this report.

Posted at 3:42 PM by Howard Bashman



“Supreme Court Silly Season, Cornell Law School Edition; A failed Intercept hit piece on Leonard Leo shows how left-wing law faculty try to cancel the Constitution”: Dan McLaughlin has this essay online at National Review.

Posted at 3:40 PM by Howard Bashman



“Palestinian Groups Seek Judge’s Recusal Over Israel Trip; Ryan Nelson set to hear case over Israel military aid; Was among judges who traveled to country this year”: Jacqueline Thomsen of Bloomberg Law has this report.

Posted at 3:37 PM by Howard Bashman



“Alito’s 1985 Job Application Declares His Principles; ‘I am and always have been a conservative’”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 3:34 PM by Howard Bashman



“The 3-3-3 Court Has Always Been a Myth; In a Court controlled by a six-justice conservative supermajority, the law moves in one direction; The only question is how far the Court feels like moving it”: Jay Willis has this essay online at Balls and Strikes.

Posted at 3:30 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.

1. Justice Sonia Sotomayor delivered the opinion of the Court in Truck Insurance Exchange v. Kaiser Gypsum Co., No. 22-1079. The decision was unanimous, with Justice Samuel A. Alito, Jr. not participating. You can access the oral argument via this link.

2. Justice Clarence Thomas delivered the opinion for a unanimous Court in Connelly v. United States, No. 23-146. You can access the oral argument via this link.

3. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Becerra v. San Carlos Apache Tribe, No. 23-250. Justice Brett M. Kavanaugh issued a dissenting opinion, in which Justices Thomas, Alito, and Amy Coney Barrett joined. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Wednesday, June 5, 2024

“Leonard Leo Built the Conservative Court. Now He’s Funneling Dark Money Into Law Schools. The megadonor’s plan for a $25 million research center at Cornell fell apart. So he took his money to Texas A&M.” Shawn Musgrave recently had this report online at The Intercept.

Posted at 10:06 PM by Howard Bashman