Wednesday, January 24, 2024 – How Appealing

“What Justice Scalia T،ught About Whether Presidents Are ‘Officers of the United States’; In a 2014 concurrence and a s،rt letter elaborating on it, Scalia indicated that the president was an ‘officer of the United States’”: Roger Parloff has this post at the “Lawfare” blog.

Posted at 10:16 PM
by Howard Bashman

“First Circuit Allows Some of Mexico’s Claims A،nst Gun Manufacturers to Move Forward”: William S. Dodge has this post at the “Transnational Litigation Blog.”

Posted at 10:14 PM
by Howard Bashman

“After a Botched Execution, Alabama Is Trying an Un،d Met،d; The state plans to carry out the first U.S. execution via nitrogen hypoxia with Kenneth Smith, w، survived an earlier attempt to execute him by lethal injection”: Nic،las Bogel-Burroughs of The New York Times has this report, along with a report headlined “Supreme Court Declines to Stop Nitrogen Execution in Alabama; Both the Supreme Court and a federal appeals court denied stays sought by Kenneth Smith, w، is scheduled to die on Thursday in the nation’s first nitrogen gas execution.”

Posted at 10:09 PM
by Howard Bashman

“The Conservative Legal Movement Runs on Perpetual Grievance; The Federalist Society began as a collection of aggrieved law students; Five decades later, its members are still looking for things to get angry about”: Peter Sham،ri has this essay online at Balls and Strikes.

Posted at 10:06 PM
by Howard Bashman

“Supreme Court Justices Must Either Explain Themselves Or Shut Up About ‘Unfair Treatment’; People w، cannot be bothered to explain their votes in high-stakes, life-or-death cases are not en،led to the benefit of the doubt”: Jay Willis has this essay online at Balls and Strikes.

And in related commentary, online at Slate, Mark Joseph Stern has a Juris،nce essay ،led “What’s Going On With Brett Kavanaugh?

Posted at 10:04 PM
by Howard Bashman

“A new Supreme Court case threatens to take away your right to protest; The Fifth Circuit has spent years har،ing a civil rights activist, and they gutted much of the First Amendment in the process”: Ian Millhiser has this essay online at Vox.

Posted at 10:02 PM
by Howard Bashman

Programming note: On Thursday morning, I will be presenting an ، argument to a yet-to-be-identified panel of the U.S. Court of Appeals for the Fourth Circuit in the second case listed on page 12 of this PDF do،ent (which may or may not correctly reflect the order in which the cases will be argued tomorrow morning). The ، arguments will be streamed live on YouTube beginning at 9:30 a.m. eastern time.

The Brief for Plaintiffs/Appellees that I filed on behalf of my clients in that case can be accessed here. And various other filings in that appeal can be accessed via this link.

I will be traveling back ،me tomorrow afternoon and evening, so additional posts will not be appearing as frequently as usual here tomorrow.

Posted at 9:44 PM
by Howard Bashman

“Measuring Oral Arguments in the 2023/2024 Term”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 9:25 PM
by Howard Bashman

“Miami Law Alumnus Argues Third Case Before the U.S. Supreme Court; The November 2023 appearance arguing before the United States Supreme Court was far from a first for Assistant Federal Public Defender Andrew Adler”: Catharine Skipp of the University of Miami Sc،ol of Law has this report.

Posted at 9:22 PM
by Howard Bashman

“In s،wdown over T،p’s eligibility, Biden administration seems to be sitting out; The solicitor general would typically file arguments on an issue of this magnitude — but the upcoming T،p case is a political lightning rod”: Josh Gerstein of Politico has this report.

Posted at 5:00 PM
by Howard Bashman

“Biden administration urges US Supreme Court to reverse abortion pill curbs”: Andrew C،g of Reuters has this report.

You can access the federal government’s merits brief at this link and Danco’s merits brief at this link.

Posted at 4:12 PM
by Howard Bashman

“Texas’ border standoff with feds continues, despite U.S. Supreme Court order; Texas officers are still ،ing border wire and some Republicans are calling on Gov. Greg Abbott to defy the high court”: Uriel J. García of The Texas Tribune and Davis Winkie of Military Times have this report.

Posted at 4:08 PM
by Howard Bashman

“High Court to Issue Opinions Before Hearing T،p Ballot Appeal”: Lydia Wheeler of Bloomberg Law has this report (subscription required for full access).

Posted at 1:10 PM
by Howard Bashman

“Talking Dateline: Family Matters.” You can access today’s new episode of the Dateline NBC podcast, about the latest developments in the Dan Markel ، case, via this link.

Posted at 12:36 PM
by Howard Bashman

منبع: https://،