How Appealing



Thursday, November 15, 2018

“Maryland attorney general appeals judges’ order to redraw congressional districts, seeks Supreme Court ruling”: Michael Dresser of The Baltimore Sun has this report.

Ann E. Marimow and Erin Cox of The Washington Post report that “Maryland appeals partisan gerrymandering decision to Supreme Court.”

And Jess Bravin of The Wall Street Journal reports that “Maryland to Appeal Gerrymandering Ruling, Setting Up New Supreme Court Battle; Attorney general will appeal federal court order to redraw district found to disadvantage Republicans.”

Posted at 10:37 PM by Howard Bashman



“They Battled Over the Supreme Court, but Stuck Together on Criminal Justice Reform”: Carl Hulse will have this new installment of his “On Washington” column in Friday’s edition of The New York Times.

Posted at 10:28 PM by Howard Bashman



Speaking of Arkansas: Save the date, as I’m scheduled to speak at this event in Fayetteville, Arkansas on Thursday, March 28, 2019. The other announced speakers are worth a look as well.

Posted at 10:14 PM by Howard Bashman



Bush v. Gore Is Back: In a cosmic, cursed twist, this year’s Florida recount could hinge on the meaning of the most notorious Supreme Court decision of the 2000s.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:48 PM by Howard Bashman



“Justice Brett Kavanaugh Got A Rousing Standing Ovation At This Year’s Federalist Society Convention; Kavanaugh wasn’t on the lineup to speak at the Federalist Society’s annual convention, but was recognized at the kick-off dinner”: Zoe Tillman of BuzzFeed News has this report.

Posted at 9:35 PM by Howard Bashman



“Court says judges, lawyers can be Facebook ‘friends'”: Jim Saunders of the News Service Florida has an article that begins, “Grappling with the meaning of social-media relationships, a divided Florida Supreme Court on Thursday said judges do not have to disqualify themselves from cases in which they are Facebook ‘friends’ with attorneys involved in the cases.”

And Jennifer Bennett of Bloomberg BNA reports that “Facebook Friendship Alone Can’t Disqualify Florida Judge.”

Posted at 2:30 PM by Howard Bashman



“We hold that an allegation that a trial judge is a Facebook ‘friend’ with an attorney appearing before the judge, standing alone, does not constitute a legally sufficient basis for disqualification.” So holds the Supreme Court of Florida in a 4-to-3 ruling issued today.

Justice Jorge Labarga joined in the majority opinion but issued a concurring opinion which states at the outset, “However, I write to strongly urge judges not to participate in Facebook. For newly elected or appointed judges who have existing Facebook accounts, I encourage deactivation of those accounts.” According to the concurrence, “[A]s noted by the dissent, participation in Facebook by members of the judiciary ‘is fraught with risk that could undermine confidence in the judge’s ability to be a neutral arbiter.'”

Justice Barbara J. Pariente wrote a dissenting opinion, in which a total of three Justices joined. The dissenting opinion’s conclusion begins, “The bottom line is that because of their indeterminate nature and the real possibility of impropriety, social media friendships between judges and lawyers who appear in the judge’s courtroom should not be permitted.”

Posted at 12:00 PM by Howard Bashman



“Senate will confirm Trump judicial picks, working through Christmas, New Year’s Eve: Cotton.” Alex Swoyer of The Washington Times has this report.

Posted at 10:28 AM by Howard Bashman