How Appealing



Thursday, February 9, 2023

“‘Common Good Originalism: A Debate’ with Josh Hammer and Professor William Baude.” University of Chicago Federalist Society has posted this video on YouTube.

Posted at 9:50 PM by Howard Bashman



“Supreme Court might have easy outs on elections, immigration”: Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 5:57 PM by Howard Bashman



“Signing On With Senator Orrin Hatch; ‘We’re in an election cycle'”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 4:15 PM by Howard Bashman



“Heartbreaking: Young Clarence Thomas Was Absolutely Jacked; Before blowing out his Achilles in 1993, Thomas had finished a marathon in three hours and preferred the most cursed workout soundtrack imaginable.” Jay Willis has this post at Balls and Strikes.

Posted at 4:12 PM by Howard Bashman



“Column Reinforced Harmful Gender Stereotypes About Lawyers, Caregiving Roles”: The Legal Intelligencer has published this letter to the editor from Nicole D. Galli and Michelle Browning Coughlin.

The recent installment of my “Upon Further Review” column sought to attribute those outdated views to the Third Circuit as motivation for its rule change proposing a 5 p.m. electronic filing deadline, and not to offer them as my own views, as I think my column makes clear.

Posted at 3:42 PM by Howard Bashman



“Appeals court ruling says alleged domestic abusers have a constitutional right to keep their guns; Advocates for domestic violence victims were stunned by the 5th U.S. Circuit Court of Appeals ruling, which continued a string of court decisions citing the Second Amendment to erase gun restrictions”: Roxanna Asgarian of The Texas Tribune has this report.

Posted at 3:08 PM by Howard Bashman



“Conceding Issues for Purposes of Appeal v. Waiving Issues on Appeal; The Seventh Circuit explained the difference between conceding an issue for purposes of an appeal and waiving the issue outright”: Bryan Lammon has this post at his “final decisions” blog.

Posted at 2:54 PM by Howard Bashman



“New Data Reveals Division Among Pennsylvania’s Justices; In 2022, the justices wrote 68 concurring or dissenting opinions or statements; Amid the differing opinions, certain justices were far more inclined to split from the majority than others”: Aleeza Furman of The Legal Intelligencer has this news analysis.

Posted at 12:48 PM by Howard Bashman



“More Pork! And the Prevention of Cruelty to Animals; A few more words about the constitutional status of animal cruelty laws.” David Post has this post at “The Volokh Conspiracy.”

Post’s recent earlier post about the case was titled “Let’s Talk Pork! Not the political kind, the real kind, the stuff you get from pigs.” It began, “The Supreme Court has a pretty interesting, and potentially very important, ‘dormant commerce clause’ case before it this term — National Pork Producers Council v. Ross.”

Posted at 10:48 AM by Howard Bashman



“Another Judge on the Acela Corridor Takes The Thirteenth Amendment Seriously; Judge Matey’s concurrence sketches out the original meaning of ‘involuntary servitude'”: Josh Blackman has this post at “The Volokh Conspiracy” about a decision that a partially divided three-judge panel of the U.S. Court of Appeals for the Third Circuit issued yesterday.

And in earlier news coverage of the case, Robert Iafolla of Bloomberg Law previewed the appellate oral argument in an article headlined “Prison Labor Rights in Focus as 3rd Cir. Hears $5-a-Day Pay Case.”

Posted at 10:44 AM by Howard Bashman



“5th Circuit gun ruling uses faulty reasoning; When legal history becomes a legal straitjacket”: David Coale has this essay online at The Dallas Morning News.

Posted at 9:08 AM by Howard Bashman



“Supreme Court justices discussed, but did not agree on code of conduct”: Robert Barnes and Ann E. Marimow of The Washington Post have this report.

Posted at 9:04 AM by Howard Bashman