How Appealing



Monday, November 27, 2023

“Bid to hold Trump accountable for Jan. 6 violence stalls at appeals court; The long-awaited D.C. Circuit ruling in a trio of civil lawsuits could influence Trump’s criminal cases as well”: Kyle Cheney and Josh Gerstein of Politico have an article that begins, “A federal appeals court mulling Donald Trump’s legal liability for Jan. 6 violence is approaching a conspicuous anniversary of inaction.”

Posted at 9:00 PM by Howard Bashman



“Justices Search for Middle Ground on Mandatory Sentences for Gun Crimes; A federal law imposes a mandatory 15-year sentence for possessing a gun after committing three serious drug offenses; But which offenses count?” Adam Liptak of The New York Times has this report.

Posted at 7:58 PM by Howard Bashman



“Supreme Court Needs a Real Ethics Code. The justices have rightly responded to public criticism. But the self-policing system they’ve proposed doesn’t inspire much confidence.” Bloomberg Opinion has published this editorial.

Posted at 7:54 PM by Howard Bashman



“Texas Supreme Court to hear case Tuesday challenging state’s near-total abortion ban”: Bayliss Wagner of The Austin American-Statesman has this report.

Posted at 7:53 PM by Howard Bashman



“This lawsuit could disrupt the U.S. tax system. Key facts are in dispute. Supreme Court to hear challenge to new tax on offshore earnings that was part of Donald Trump’s 2017 tax overhaul.” Ann E. Marimow and Julie Zauzmer Weil of The Washington Post have this report.

And in commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court case seeking to shut down wealth taxes before they even exist; A SCOTUS case aiming to protect rich people from taxes could lead to chaos for the federal government’s finances.”

Posted at 7:48 PM by Howard Bashman



“Bad Facts, Bad Law: In a recent Supreme Court oral argument about disarming domestic abusers, originalism itself was put to the test.” Duncan Hosie has this essay (subscription required for full access) online at The New York Review of Books.

Posted at 12:04 PM by Howard Bashman



“Parsing Invalidating Statutes (Part I)”: John F. Coyle has this post at the “Transnational Litigation Blog.”

Therein, he writes, “There are hundreds of state statutes that direct state courts not to give effect to choice-of-law and forum selection clauses.”

Posted at 11:07 AM by Howard Bashman



“Federal Defenders Combine Forces to Argue at US Supreme Court; Individual defenders don’t argue often at high court; Experienced defenders partner with first-timers to improve advocacy”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Read the article, among other reasons, to learn what the acronym DSCRAP stands for.

Posted at 9:48 AM by Howard Bashman



“The Eleventh Circuit is chipping away at what’s left of the Voting Rights Act; Judge Elizabeth Branch, a Trump appointee, used a ‘novel’ case involving Georgia’s utility commission to further narrow an already cramped reading of the law”: Chris Geidner has this post at his Substack site.

You can access Friday’s ruling of the U.S. Court of Appeals for the Eleventh Circuit at this link.

Posted at 9:15 AM by Howard Bashman



“A Mail-Vote Time Bomb Keeps Ticking; Pennsylvania’s undated ballots might go to the Supreme Court — again”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 9:12 AM by Howard Bashman



“A Deregulatory Sh*t Show Waiting to Happen”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 9:10 AM by Howard Bashman