Appellate Litigation Weekly: Fertility Regulation, Butterfly Knife Bans, and Judicial Nominations

Welcome to this week’s roundup of some of the notable items from Howard Bashman’s How Appealing blog, the web’s first blog dedicated to appellate litigation. This compilation includes various intriguing and eminent legal topics, sure to catch the interest of any legal professional.

A significant focus for this week is on the fertility industry, particularly with regards to its regulation or lack thereof. Following a case in Alabama involving destroyed embryos, attempts have been made to categorize these as ‘unborn children’ legally. The detailed report on this issue can be discovered in an insightful article by Azeen Ghorayshi and Sarah Kliff in The New York Times.

On a different note, the case involving the ban on butterfly knives in Hawaii is expected to undergo a comprehensive review by the Ninth Circuit, as reported by Ufonobong Umanah for Bloomberg Law. Full details of this interesting development are available in the report (subscription required).

Meanwhile, judicial criticism of the US Supreme Court’s reliance on historical ‘tradition’ to justify rulings has been reported by Nate Raymond of Reuters. The criticism came from Judge Kevin Newsom, who warns of the risks of citing ‘tradition’ when delivering judgments. For further context and analysis, refer to the report.

The nomination of Adeel Mangi for the Third Circuit has also been making news, especially in lieu of the recent Islamophobic smear attempt. Further information about the development surrounding Mangi’s nomination can be found in Madiba K. Dennie’s article on Balls and Strikes.

The Supreme Court’s stance on choice-of-law clauses in maritime insurance contracts has also attracted considerable attention, with justices ordering their vigorous enforcement. This development is notably commentated on the esteemed platform “SCOTUSblog”, in a post by Ronald Mann, accessible here.

This weekly roundup only focuses on a small selection of the cases and events happening in appellate courts. For in-depth coverage, Howard Bashman’s ‘How Appealing’ blog is an excellent resource that not only provides useful insights but also keeps professionals up-to-date on the latest developments in the world of appellate litigation.