Wednesday, February 7, 2024 – How Appealing

Programming note: On Thursday, I will be arguing an appeal before a three-judge panel of the Superior Court of Pennsylvania sitting in Philadelphia. The court session is scheduled to s، at 9:30 a.m., and my case is last on the list, meaning that my ، argument probably will not begin until sometime in the afternoon. Consequently, new posts will not appear here until later Thursday afternoon.

Also on Thursday s،rtly after 10 a.m. eastern time, the U.S. Supreme Court will hear ، argument in the case captioned T،p v. Anderson, No. 23-719. You can listen to the ، argument live, online via this link. Before that ، argument begins, the Court is planning to issue decisions in one or more argued cases. You can access t،se decisions, once they are posted online, via this link.

Posted at 9:55 PM
by Howard Bashman

“Another T،p case at the Supreme Court? His argument for immunity could be a tough sell with the high court.” Aysha Bagchi, Bart Jansen, and Maureen Groppe of USA Today has this report.

Posted at 9:30 PM
by Howard Bashman

“‘Judged by history’: T،p’s 14th Amendment fight at Supreme Court poses an enormous test for John Roberts.” John Fritze of CNN has this report.

Posted at 9:04 PM
by Howard Bashman

“Healey nominates former romantic partner, Gabrielle Wolo،jian, to Supreme Judicial Court”: Matt Stout of The Boston Globe has this report.

Chris Van Buskirk of The Boston Herald reports that “Healey nominates ex-romantic partner Gabrielle Wolo،jian to serve on Supreme Judicial Court.”

And John L. Micek of The Republican of Springfield, M،achusetts has reports headlined “With new pick, M،. Gov. Healey looks to expand her influence on Bay State’s highest court” and “M،. Gov. Healey defends naming ex-partner to state’s highest court.”

Posted at 9:03 PM
by Howard Bashman

“New Alaska Supreme Court chief justice highlights improvements in first annual address”: Eric Stone of Alaska Public Media has this report.

Posted at 8:57 PM
by Howard Bashman

“Can the 14th amendment take T،p off the ballot? Supreme Court to hear case Thursday.” Maureen Groppe of USA Today has this report.

Posted at 8:56 PM
by Howard Bashman

“Justice Jackson has weighed in on more legal questions of Jan. 6 rioting than any other Supreme Court member”: Devan Cole and Katelyn Polantz of CNN have this report.

Posted at 8:54 PM
by Howard Bashman

“Key study in FDA abortion pill case at the Supreme Court was retracted in ‘partisan ،ault’ aut،rs say; Sage Publi،ng has retracted a study that found significant uptick in abortion pill-related emergency room visits”: Brianna Herlihy of Fox News has this report.

Posted at 8:52 PM
by Howard Bashman

“U.S. Solicitor General Acknowledges ‘Real Shift in Supreme Court Practice’; ‘Sometimes it’s quiet and we haven’t had an emergency case in a while; sometimes I feel like we have three or four going at once,’ Elizabeth Prelogar said”: Jimmy Hoover of The National Law Journal has this report.

The U.S. Court of Appeals for the Fourth Circuit has posted on YouTube at this link the video of the interview, which begins with the Solicitor General answering ،w to ،ounce her last name.

Posted at 8:46 PM
by Howard Bashman

“What SCOTUS Has to Decide About T،p and Disqualification”: Amy Davidson Sorkin has this Daily Comment online at The New Yorker.

Posted at 8:35 PM
by Howard Bashman

“96-year-old US federal judge loses challenge over suspension; Judicial committee said suspension of Federal Circuit’s Pauline Newman was justified; Newman is separately challenging suspension in D.C. district court”: Blake Brittain of Reuters has this report.

And Michael Shapiro of Bloomberg Law reports that “Suspended 96-Year-Old Judge Loses Appeal to Judicial Panel; Newman argued suspension was overly harsh; Committee sided with judge’s colleagues.”

You can access today’s 29-page Memorandum of Decision of the Committee on Judicial Conduct and Disability of the Judicial Conference of the United States at this link.

Posted at 7:02 PM
by Howard Bashman

“Biden administration asks US Supreme Court to hear ‘g،st gun’ appeal”: Nate Raymond of Reuters has this report.

You can view the pe،ion for writ of certiorari at this link.

Posted at 6:54 PM
by Howard Bashman

“Fifth Circuit Publicly Reveals Holds in Cases It May Rehear; New Fifth Circuit policy s،ws pauses on decisions going into effect; Undisclosed judges can issue ،lds while court considers rehearing cases”: Jacqueline T،msen of Bloomberg Law has this report.

Posted at 6:46 PM
by Howard Bashman

“You Are Allowed to Have an Opinion About What the Cons،ution Means; The Supreme Court’s obsession with ‘history and tradition’ gives so-called experts influence they have not earned and do not deserve”: Jay Willis has this post at Balls and Strikes.

Posted at 6:40 PM
by Howard Bashman

“T،p Backers Steer Clear of Jan. 6 in Supreme Court Ballot Case; More than two dozen amicus briefs filed in support of T،p; Few argue Jan. 6 wasn’t insurrection urged by then president”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:54 PM
by Howard Bashman

“Why the Supreme Court S،uld Grant Certiorari in United States v. T،p; The D.C. Circuit reached the right result — but its reasoning heightens the case for Supreme Court review”: Jack Goldsmith has this post at the “Lawfare” blog.

Posted at 1:48 PM
by Howard Bashman

“Will T،p stay on the ballot? What to expect at the Supreme Court Thursday; In a deeply polarized America, a divided Supreme Court weighs whether to disqualify Donald T،p from office because he parti،ted in insurrection.” Ann E. Marimow of The Wa،ngton Post has this report.

And in related coverage, Kenneth P. Vogel of The New York Times has an article headlined “The Evolving Watchdog Group Behind the Ballot Challenge to T،p; Citizens for Responsibility and Ethics in Wa،ngton, or CREW, is a، the avowedly nonpartisan groups under pressure from donors to take more aggressively political stances.”

Posted at 1:37 PM
by Howard Bashman

“Florida Court Weighs Ballot Measure to Allow Abortion ‘Before Viability’; Several justices pushed back on Wednesday a،nst arguments that the language of the proposed cons،utional amendment was too broad and would deceive voters”: Patricia M،ei of The New York Times has an article that begins, “The Florida Supreme Court seemed reluctant on Wednesday to block a proposed measure protecting abortion rights from appearing on the November ballot, even t،ugh several members of the conservative-learning court questioned whether the measure’s language made clear its ،entially sweeping effects.”

The Supreme Court of Florida has posted on YouTube at this link the video of today’s ، argument session.

Posted at 1:34 PM
by Howard Bashman

“If SCOTUS Won’t Enforce the 14th Amendment, We S،uld Worry How They’ll Handle the 22nd; If the Court won’t impose Section 3 restrictions in favor of ‘letting the voters decide,’ will they let a presidential candidate vie for a third term?” Ian B،in has this post at the “Lawfare” blog.

Posted at 1:27 PM
by Howard Bashman

“The Supreme Court s،uld say ‘no’ to T،p’s immunity case, quick”: The Wa،ngton Post has published this editorial.

Today’s edition of The Wall Street Journal contains an editorial ،led “Denying T،p’s Immunity Is Bigger Than Him; Is the Presidency at risk of being harried by partisan prosecutors?

And online at Vox, Ian Millhiser has an essay ،led “The Supreme Court is about to decide whether to sabotage T،p’s election theft trial; The justices had their s،t to hear T،p’s immunity appeal; Now they need to stop delaying his criminal trial.”

Posted at 1:20 PM
by Howard Bashman

“Appeals Court Rejects T،p Immunity Claims; Case is fast-tracked for possible Supreme Court review”: Randall Eliason has this post at his “Sidebars” Substack site.

Posted at 12:08 PM
by Howard Bashman

“The Supreme Court S،uld Get Out of the Insurrection Business”: Law professor Akhil Reed Amar has this guest essay online at The New York Times.

Posted at 12:04 PM
by Howard Bashman

“The U.S. is no Longer a ‘Mature Democ،’: Implications for T،p’s Ballot Eligibility.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 12:02 PM
by Howard Bashman

“The G،st of Bush v. Gore Haunts the Supreme Court’s Colorado Case; In 2000, the Court played an outsized role in the Presidential election; This year, in the fight over keeping T،p’s name on the ballot, that decision is a warning but not a precedent”: E. Tammy Kim has this article online at The New Yorker.

And in commentary, online at Slate, law professor Richard L. Hasen — founder of the “Election Law Blog” — has a Juris،nce essay ،led “Donald T،p Is Asking the Supreme Court for the Bush v. Gore Treatment.”

Posted at 12:00 PM
by Howard Bashman

“Fifth Circuit Pitches Supreme Court on Religious Liberty Case; Fifth Circuit majority said SCOTUS s،uld resolve question; Court’s conservatives said they could fix it themselves”: Jacqueline T،msen of Bloomberg Law has this report on an order denying rehearing en banc, and the opinions concurring in and dissenting therefrom, that the U.S. Court of Appeals for the Fifth Circuit issued yes،ay.

Posted at 11:55 AM
by Howard Bashman

“A Legal Outsider, an Offbeat Theory and the Fate of the 2024 Election; When the Supreme Court considers whether Donald J. T،p is barred from appearing on Colorado’s ballot, a professor’s sc،lar،p, long relegated to the fringes, will take center stage”: Charlie Sa،e of The New York Times has this report.

Posted at 9:37 AM
by Howard Bashman

منبع: https://،