Howard Bashman @howappealing
Appellate lawyer; Author, How Appealing blog; Appellate columnist, The Legal Intelligencer howappealing.abovethelaw.com Joined May 2012-
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How Justice Amy Coney Barrett drove the Supreme Court’s debate on abortion and Trump immunity cnn.com/2024/04/27/pol…
“Trump immunity fight turns Supreme Court textualists topsy-turvy; ‘It sure ain’t originalism,’ one critic said”: Josh Gerstein of Politico has this report. howappealing.abovethelaw.com/2024/04/27/#22…
“The Supreme Court Appears Poised to Protect the Presidency — and Donald Trump; In arguments about Presidential immunity, the conservative Justices, who avoided mentioning Trump, made clear that they are less concerned with holding him accountable than howappealing.abovethelaw.com/2024/04/27/#22…
Interesting: Upholding special background checks on 18-20 year olds, a pretty conservative panel of the Fifth Circuit says that Bruen may have disturbed *no part* of Heller as to pre-sale qualifications for guns ales. ca5.uscourts.gov/opinions/pub/2…
“Conservative Justices Take Argument Over Trump’s Immunity in Unexpected Direction; Thursday’s Supreme Court hearing was memorable for its discussion of coups, assassinations and internments — but very little about the former president’s conduct”: Adam howappealing.abovethelaw.com/2024/04/27/#22…
J. Michael Luttig sees two potential outcomes from Thursday’s Supreme Court arguments. Both are grim for our democracy. From @GregTSargent: trib.al/7ZhUODw
Mike Pence thinks his former boss has betrayed the anti-abortion movement. He is, unfortunately, very wrong about that. trib.al/pR6CiQ4
Maine governor signs off on new gun laws, mental health supports in wake of Lewiston shootings apnews.com/article/maine-…
Is Supreme Court just winging it in Trump immunity fight? ow.ly/JGyG105qZBV
Harvey Weinstein and the Limits of ‘She Said, She Said, She Said’ nytimes.com/2024/04/27/opi…
What Weinstein’s Overturned Conviction Means for His California Case nytimes.com/2024/04/26/nyr…
A democracy cannot survive when its supreme leader can arbitrarily decide that it’s in the nation’s best interest to rub out his opponents. trib.al/tCvpQ9Z
This Whole King Trump Thing Is Getting Awfully Literal nytimes.com/2024/04/26/opi…
The Constitution Won’t Save Us From Trump nytimes.com/2024/04/26/opi…
Trump’s Immunity Case Was Settled More Than 200 Years Ago nytimes.com/2024/04/26/opi…
Conservative Justices Take Argument Over Trump’s Immunity in Unexpected Direction nytimes.com/2024/04/26/us/…
“Radical Agreement”: You can access the new episode of the “Divided Argument” podcast via this link. howappealing.abovethelaw.com/2024/04/26/#22…
“Harriet Miers’s Nomination Collapses; Revisiting a harrowing 24 days in October 2005”: Ed Whelan has this post at his “Confirmation Tales” Substack site. howappealing.abovethelaw.com/2024/04/26/#22…
Seventeen states, led by Indiana, ask the Supreme Court to grant cert in Utah v. Valdez, on the 5th Amendment implications of compelling a person to disclose their passcode. supremecourt.gov/DocketPDF/23/2…
As Justice Jackson noted at oral argument today ... "Professor Lederman ... goes on and on and on ... ." Guilty as charged! ;-) The reference was to pp. 23-26 here: supremecourt.gov/DocketPDF/23/2…
Raffi Melkonian @RMFifthCircuit
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@howappealing Phils are up 4-1 in the 1st
@howappealing That being sad, let me reiterate that this still kind of sucks for you and I feel bad for you.
@howappealing Perhaps. I feel like that most people say they hate listening to their oral arguments, but perhaps On Here is not a representative sample.
Thanks to @howappealing for noting my essay! howappealing.abovethelaw.com/2024/04/03/#22…
@howappealing I probably should listen, but I'm like Dakota Johnson and don't watch or listen to my own stuff. Just too embarrassed to ever listen to myself.
@howappealing If this sin is committed by a Big firm or government? Nothing.
@howappealing There is one lawyer I have dealt with in multiple cases raising the exact same issue who has repeatedly gotten 4-6 months of extensions as appellant on those grounds. Ive thought of a bar complaint but I dont think people care, sadly
@howappealing Under FRAP 31(c), I think the sanction is generally limited to the loss of the right to oral argument. See, e.g., Lefebure v. D'Aquilla, 15 F.4th 650, 653 (5th Cir. 2021); Stunzig v. Koch, 687 Fed.Appx. 841, 842 n.2 (11h Cir. 2017); US v. Amaro, 613 Fed.Appx. 600, 603 (CA9 2015).
In-N-Out’s juicy burgers are an emblem of the Golden State. For many Californians, they’re also a symbol of home. saveur.com/culture/in-n-o…
@howappealing I want you to know Howard that I would never DARE to make this mistake. No not ever. That's all I'm going to say on the subject.
Photographs taken in the right place at the right time, intentionally or by chance - a thread 🧵 1. Wilma Hurskainen
Take a look at the masterful work behind the colorful scene transitions in Wes Anderson's Oscar-nominated short film, The Wonderful Story of Henry Sugar. Watch now on Netflix.
LOOK OUT: Ambulance on its way to hospital with patient swerves out of harm's way just in time as rolling car from opposite direction comes hurtling toward it.
@howappealing An indispensable resource - congrats and thanks!
@howappealing Your blog is a must read every morning. Thank you.