How Appealing



Monday, March 6, 2017

Programming note — Borrowing a page from Josh Blackman‘s playbook: This afternoon, I will be visiting the University of Pennsylvania Law School. And tomorrow, I will be spending the early part of the afternoon at the NYU School of Law. After my visit last Friday to the University of Chicago Law School, it may appear that I am trying to emulate my friend Josh Blackman, who frequently maintains an ambitious law school visitation schedule. Thankfully, after Tuesday everything returns back to normal for me.

Speaking of Josh, he will be in Philadelphia later today to participate in an event at the National Constitution Center, enabling me to grab an early dinner with him and then to see him in action. In connection with that event, in yesterday’s edition of The Philadelphia Inquirer, Josh had an essay titled “Obamacare is unlikely to survive even if it is repaired.” Also in yesterday’s Inquirer, law professor Abbe R. Gluck — who will be participating with Josh in this evening’s Constitution Center program — had an essay titled “GOP’s legal and political sabotage crippled Obamacare.”

As a result of my absence from the office this afternoon and early evening, additional posts will appear here tonight.

Posted at 10:50 AM by Howard Bashman



“States Ease Restrictions on Voting by Felons; Florida proposal to lift its lifetime ban would add to a nationwide trend”: Beth Reinhard of The Wall Street Journal has this report.

Posted at 10:44 AM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases today.

1. Justice Clarence Thomas delivered the opinion of the Court in Beckles v. United States, No. 15-8544. Justice Anthony M. Kennedy issued a concurring opinion. Justices Ruth Bader Ginsburg and Sonia Sotomayor issued opinions concurring in the judgment. And Justice Elena Kagan did not participate in the ruling. You can access the oral argument via this link.

2. And Justice Kennedy delivered the opinion of the Court in Pena-Rodriguez v. Colorado, No. 15-606. Justice Thomas issued a dissenting opinion. And Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justice Thomas joined. You can access the oral argument via this link.

In early news coverage, The Associated Press reports that “Supreme Court sides with defendant claiming jury race bias” and “Justices decline to extend ruling on repeat offenders.”

Posted at 10:06 AM by Howard Bashman



“Newsmakers with Nan Aron: Nan Aron talked about Neil Gorsuch’s nomination to the Supreme Court, Democratic strategy for the Senate hearings during his confirmation hearings.” C-SPAN has posted this video online.

Posted at 9:54 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court called for the views of the Acting Solicitor General in one case.

In Gloucester County Sch. Bd. v. G.G., No. 16-273, the Court issued the following summary disposition:

The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fourth Circuit for further consideration in light of the guidance document issued by the Department of Education and Department of Justice on February 22, 2017.

The Court issued a per curiam ruling in Rippo v. Baker, No. 16-6316.

In Leonard v. Texas, No. 16-122, Justice Clarence Thomas issued a statement respecting the denial of certiorari.

In Perez v. Florida, No. 16-6250, Justice Sonia Sotomayor issued a concurrence in the denial of certiorari.

And in Baston v. United States, No. 16-5454, Justice Thomas issued a dissent from the denial of certiorari.

In early news coverage, Mark Sherman of The Associated Press reports that “Supreme Court scraps case on transgender bathroom rights.”

Lawrence Hurley of Reuters reports that “U.S. top court sidesteps ruling in major transgender rights case.”

Greg Stohr of Bloomberg News reports that “U.S. Supreme Court Cancels Transgender Bathroom Showdown.”

And Richard Wolf of USA Today reports that “Supreme Court won’t decide transgender bathroom case.”

Posted at 9:32 AM by Howard Bashman



“Dubious Data Belies Supreme Court’s Stance on Repeat Sex Offenders”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:16 AM by Howard Bashman



“Republicans and the Constitution: Article V allows a method of proposing amendments that cuts Congress out entirely; This partisanship is just what our founders were trying to avoid.” Jelani Cobb has this Comment in the Talk of the Town section of the March 13, 2017 issue of The New Yorker.

Posted at 8:10 AM by Howard Bashman