How Appealing



Wednesday, December 6, 2023

“Supreme Court May Push Sackler Opioid Case to Congress; Chief Justice John Roberts appeared ready to shunt the unusual Purdue Pharma settlement to legislators; But does he have the votes?” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:04 PM by Howard Bashman



“Colorado Supreme Court Takes Up Trump’s Eligibility to Be President; A district court judge ruled last month that the 14th Amendment barred insurrectionists from every office except the nation’s highest; ‘How is that not absurd?’ one justice asked of that notion”: Maggie Astor of The New York Times has this report.

Nick Coltrain of The Denver Post has an article headlined “‘Why not spell it out?’ Colorado justice asks as skeptical Supreme Court hears Trump ballot challenge; If 14th Amendment applies to presidency — and what constitutes insurrection — were among questions.”

Kyle Cheney, Zach Montellaro, and Erica Orden of Politico report that “Colorado’s top court offers few hints on whether it will remove Trump from ballot; The court’s seven justices, all Democratic appointees, heard two hours of arguments on Trump’s eligibility under the 14th Amendment’s insurrection clause.”

And Amanda Pampuro of Courthouse News Service reports that “Voters ask Colorado Supreme Court to bar Trump from GOP primary ballot; Citing the 14th Amendment’s prohibition on insurrectionists, six Colorado voters petitioned the secretary of state’s office in September to disqualify former President Donald Trump from the state’s GOP primary ballot in 2024.”

Posted at 9:53 PM by Howard Bashman



“Quick appeal vowed in ruling finding Wisconsin’s 1849 law doesn’t ban abortions”: Molly Beck of The Milwaukee Journal Sentinel has this report.

And Kelsey Jukam of Courthouse News Service reports that “Wisconsin judge declares 1849 law does not apply to consensual abortions; The 1849 law pertains to feticide, not abortion, a Dane County Circuit Court judge ruled Tuesday.”

You can access today’s ruling of the Dane County, Wisconsin Circuit Court at this link.

Posted at 9:46 PM by Howard Bashman



“Supreme Court Leans Toward Police Officer in Job Bias Case; The officer, Jatonya Muldrow, said she had been transferred to a less desirable position based on her sex; Lower courts said that she had not shown concrete harm”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court appears likely to ease process for workplace discrimination claims.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court leans toward allowing sex discrimination suit from St. Louis police officer; The high court steered away from adding additional requirements to sex discrimination claims on job transfers.”

Posted at 8:50 PM by Howard Bashman



“The Wealth Tax You May Already Owe; If the Supreme Court rules for the government in Moore v. U.S., all unrealized gains will be taxable under existing law”: Ilya Shapiro will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 8:17 PM by Howard Bashman



“A Moot Supreme Court on ADA Lawsuits; Justice Thomas warns of docket manipulation as a big case goes nowhere”: This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 8:12 PM by Howard Bashman



“‘Nuclear Verdicts’ Again Cited as Ga., Pa. Courts Tie for No. 1 Judicial Hellhole; Cook County, Illinois; California; New York City and South Carolina asbestos litigation ranked second through fifth”: Everett Catts of The Daily Report of Fulton County, Georgia has this article.

You can access the American Tort Reform Foundation’s 2023/2024 Judicial Hellholes Report at this link.

Posted at 8:05 PM by Howard Bashman



“‘Weaker and weaker’: Donna Adelson lawyer blasts her treatment in jail, asks for home arrest.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 5:51 PM by Howard Bashman



“What John Roberts Could Learn From Niccolò Machiavelli: Instead of defusing the ethics crisis on the Supreme Court, the chief justice has allowed it to fester, ignoring sage advice from the great authority on power.” Law professor Steven Lubet has this essay online at Washington Monthly.

Posted at 4:22 PM by Howard Bashman



“Donna Adelson: Accused Killer and Mom of ‘Five-star family’ Requests Emergency Jail Release, Following Murder Arrest.” Leigh Egan of CrimeOnline has this report.

You can view the motion at this link.

Posted at 4:15 PM by Howard Bashman



“Justices Signal Expanded Shield Against Biased Job Transfers”: Robert Iafolla of Bloomberg Law has this report.

And earlier, Julian Mark of The Washington Post had an article headlined “Supreme Court case could spark rush of reverse-discrimination claims; Muldrow v. City of St. Louis is being watched by civil rights groups who argue that valid workplace discrimination claims are often dismissed.”

Update: At his Substack site, Chris Geidner has a post titled “Justices debate whether Title VII claims require more than discrimination.”

Posted at 3:18 PM by Howard Bashman



“The Conservative Justices Will Believe Any Story They Want to Hear; The Supreme Court’s docket is crowded with cases featuring dubious narratives, sock-puppet petitioners, and high-profile conservative activists”: Jay Willis has this essay online at Balls and Strikes.

Posted at 3:12 PM by Howard Bashman



“A guide to the Donald Trump ballot challenge as the case lands in the Colorado Supreme Court; Lower court judge ruled Trump engaged in insurrection but found 14th Amendment didn’t apply”: Nick Coltrain of The Denver Post has this report.

Erica Orden, Kyle Cheney, and Zach Montellaro of Politico have an article headlined “‘Test case’ for America: Colorado’s top court poised to weigh Trump’s eligibility to run again; A Wednesday argument brings the question of Trump’s eligibility under the 14th Amendment one step closer to the Supreme Court.”

And at the “Lawfare” blog, Roger Parloff has a post titled “‘For Whatever Reason’: Will the Colorado Supreme Court Apply the Constitutional Insurrectionist Bar to Presidents? The arguments and counterarguments that Section 3 of the Fourteenth Amendment doesn’t apply to presidents ahead of today’s oral arguments.”

Today’s oral argument before the Supreme Court of Colorado is scheduled to begin at 1 p.m. mountain time. You can view the oral argument live on YouTube via this link.

Posted at 1:23 PM by Howard Bashman