How Appealing



Monday, May 8, 2023

“Naperville, state of Illinois urge U.S. Supreme Court not to block ban on assault-style weapons; Gun shop owner Robert Bevis has asked the Supreme Court to overturn lower court rulings upholding the ban”: Andy Grimm of The Chicago Sun-Times has this report.

And Alex Swoyer of The Washington Times reports that “Illinois bucks Supreme Court, defends ban on assault weapons sales as lawful.”

You can access the U.S. Supreme Court filings in the case via this link.

Posted at 9:54 PM by Howard Bashman



“26. Two Theories of Equal Protection; In a series of decisions starting in the 1970s, the Supreme Court set the stage for subjecting race-based affirmative action to the most exacting constitutional scrutiny.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:37 PM by Howard Bashman



“Why does doctrine get so complicated? (Or does it?)” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 9:16 PM by Howard Bashman



“Proposed rulemaking on adopting a nationwide filing deadline”: My memorandum to the U.S. Courts’ Advisory Committee on Appellate Rules suggesting the adoption of a nationwide 5 p.m. electronic filing deadline for the federal appellate courts has been accepted for filing and assigned Docket No. 23-AP-F.

Posted at 5:56 PM by Howard Bashman



“A Brief History of Appellate Court Rule Changes”: Tomorrow’s edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers, will contain this month’s installment of my “Upon Further Review” column.

It concludes:

In the very near future, I will be writing to the U.S. Courts’ Advisory Committee on Appellate Rules to ask that committee to consider whether to adopt a nationwide 5 p.m. e-filing deadline now that the Third Circuit has done so. If a nationwide 5 p.m. appellate filing deadline is not adopted, then the committee should consider whether the Third Circuit has the authority to unilaterally implement this rule change and, at a minimum, should recommend that the Third Circuit reinstate a midnight deadline. So, as they say, stay tuned for further developments.

Posted at 2:10 PM by Howard Bashman



“The Tale of the Only U.S. Supreme Court Justice to be Impeached; To understand Clarence Thomas’ possible future, we looked to the past”: Shirin Ali has this essay online at Slate.

Posted at 1:30 PM by Howard Bashman



“Three GOP appointees, including 2 from Trump, will hear the next phase of major abortion pill case”: Tierney Sneed of CNN has this report.

According to the article, “Circuit Judges James Ho and Cory Wilson, both Trump nominees, will hear the oral arguments on May 17, alongside Judge Jennifer Walker Elrod, an appointee of George W. Bush.”

Posted at 12:43 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 12:00 PM by Howard Bashman



“In the Post-Roe Era, Letting Pregnant Patients Get Sicker—by Design; Fearing legal repercussions, doctors in Texas say they are risking grave patient harm to comply with new abortion restrictions”: Stephania Taladrid has this report online at The New Yorker.

Posted at 11:57 AM by Howard Bashman



“He helped craft the ‘bounty hunter’ abortion law in Texas. He’s just getting started.” Sarah McCammon of NPR has this report.

Posted at 11:55 AM by Howard Bashman



“A New Landscape Unfolds: Supreme Court Oral Arguments in the 2022-2023 Term.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 11:52 AM by Howard Bashman



“The Problem with Planned Parenthood: Many abortion providers feel that the organization is too cautious and too corporate — forcing independent clinics to take the biggest risks.” Eyal Press has this article in the May 15, 2023 issue of The New Yorker.

Posted at 11:50 AM by Howard Bashman