Appellate News Highlights: Strategic Pardons, Judicial Ethics, and Key Legal Battles

This week’s appellate updates from Howard Bashman’s How Appealing blog, known for its focus on high-profile appellate litigation, include several stories that could impact the legal landscape in the United States.

  • “Biden Team Considers Blanket Pardons Before Trump’s Promised ‘Retribution’”:
    This piece by Peter Baker and Erica L. Green in The New York Times discusses the Biden administration’s potential strategy to issue blanket pardons. This move comes in response to fears that President-elect Trump may launch retaliatory measures against political opponents by appointing partisans in key law enforcement jobs.
  • “Don’t Mistake Neil Gorsuch’s Abrupt Recusal for Actual Ethics”:
    An essay by Mark Joseph Stern shared on Slate critically examines Justice Neil Gorsuch’s recent recusal from a Supreme Court case, questioning whether it aligns with ethical judicial practices.
  • “Act 10 could take center stage in upcoming state Supreme Court election”:
    Laura Schulte from The Milwaukee Journal Sentinel covers the implications of Act 10 for the Wisconsin Supreme Court election, hinting at significant political and policy battles on the horizon.
  • “SCOTUS Clerk Hiring Watch: Retirement Clues?”:
    David Lat reports on the intriguing signs around the Supreme Court’s clerk hiring process. His post on Original Jurisdiction offers insights suggesting that Justices Clarence Thomas and Samuel Alito may not retire imminently, contrary to speculation.
  • “Inside the Supreme Court arguments on transgender care”:
    Mark Walsh provides an analysis of the ongoing Supreme Court hearings on transgender healthcare. His detailed account on SCOTUSblog sheds light on the complex legal questions currently being tackled by the court.
  • “Theory in Practice: At the Center of a Supreme Court Case”:
    Claire L. Parins discusses the role of William Baude’s interpretation of the Fourteenth Amendment in the controversial Trump v. Anderson case, further detailed at the University of Chicago Law School site, presenting significant implications for constitutional interpretation.

These narratives provide a snapshot into the dynamic world of appellate litigation, offering legal professionals insights into potential shifts in legal doctrines and the judiciary’s future trajectory.