How Appealing



Thursday, August 3, 2023

“Biden’s asylum restrictions for migrants may remain in place, federal appeals court rules”: Maria Sacchetti and Nick Miroff of The Washington Post have this report.

Rebecca Santana of The Associated Press reports that “Appeals court allows Biden asylum restrictions to temporarily stay in place as case plays out.”

And Ted Hesson of Reuters reports that “Biden asylum restrictions at Mexico border can stay in place for now, appeals court says.”

I have posted today’s order of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:42 PM by Howard Bashman



“Ketanji Brown Jackson will speak at 16th Street Baptist Church for bombing anniversary”: Greg Garrison of Alabama Media Group has this report.

Posted at 9:15 PM by Howard Bashman



“A SCOTUS Roundup Focused on Textualism (with a Concluding Thought About Democracy)”: Michael C. Dorf has this blog post at “Dorf on Law.”

Posted at 8:42 PM by Howard Bashman



“Philadelphia-based law firm Schnader Harrison is closing; The nearly 90-year-old Philadelphia-based law firm, which previously had a roster of about 200 lawyers consistently, has shrunk in recent years”: Lizzy McLellan Ravitch of The Philadelphia Inquirer has this report.

Schnader was *the* Philadelphia appellate powerhouse when I was starting my career in private practice back in 1991. I’m not sure any large Philadelphia law firm is regarded that way today.

Posted at 8:14 PM by Howard Bashman



“Justice Kagan’s Apostasy: The judiciary abdicates its duty when it tolerates broad-ranging executive ’emergency powers.’” George Liebmann has this post at The American Conservative.

Posted at 8:04 PM by Howard Bashman



“Justice Elena Kagan pushes for US Supreme Court to adopt own ethics code”: Maxine Bernstein of The Oregonian has this report.

And Maia Spoto of Bloomberg Law reports that “US Supreme Court Justices Are ‘Not Imperial,’ Kagan Says.”

Update: In other coverage, Josh Gerstein of Politico reports that “Kagan enters fray over Congress’ power to police Supreme Court; The liberal justice offers a counterpoint to Justice Samuel Alito in the debate over ethics reforms.”

Posted at 5:24 PM by Howard Bashman



“Peter Edelman Leaks the News of His Impending D.C. Circuit Nomination; And ignites a campaign against himself” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 5:00 PM by Howard Bashman



“I mean, the best legal news source is a one-man operation out of eastern Pennsylvania, run by a solo appellate litigator named Howard Bashman. It’s called How Appealing. And he just does it as a hobby; he’s done it as a hobby for 20-plus years. I bet 90 percent or more of federal judges look at it.” Tablet magazine has published an interview of David Garrow, conducted by David Samuels, under the headline “The Obama Factor: A Q&A with historian David Garrow.” I thank Mr. Garrow for his very generous words about this site!

Posted at 4:15 PM by Howard Bashman