How Appealing



Wednesday, April 13, 2016

“Senator Grassley and Judge Garland Meet, and Rehash the Obvious”: David M. Herszenhorn has this article in today’s edition of The New York Times.

Seung Min Kim of Politico.com reports that “Garland’s Hill tour not denting GOP resistance.”

And Burgess Everett of Politico.com reports that “Toomey knocks Garland after long meeting; ‘I’m not convinced that he would be willing to play the role of a sufficiently aggressive check on an administration,’ the GOP senator says.”

Posted at 11:20 PM by Howard Bashman



“In first appellate analysis of Halliburton, 8th Circuit boosts securities defendants”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this report today.

Posted at 9:30 PM by Howard Bashman



“Republicans Would Consider Blocking A Supreme Court Pick Even After Voters Have A Say; Because, if the people get a say, shouldn’t Republicans be able to overrule it?” Michael McAuliff of The Huffington Post have this report.

Posted at 9:14 PM by Howard Bashman



“Contraception compromise acceptable if it ends legal challenges, administration says”: Robert Barnes of The Washington Post has this report.

Louise Radnofsky and Brent Kendall of The Wall Street Journal report that “Religious Groups, Obama Administration Respond to Supreme Court Request for Contraception Compromise; Christian groups suggest contraception insurance independent from employers; government defends current arrangement under Affordable Care Act.”

Tom Howell Jr. of The Washington Times reports that “Obama rejects Supreme Court’s contraception trade-off; Under compromise, insurers would pay, not religious nonprofits.”

Peter Smith of The Pittsburgh Post-Gazette reports that “U.S., religious charities spar over Obamacare birth control plan.”

Greg Stohr of Bloomberg News reports that “Supreme Court’s Birth-Control Compromise Gets Mixed Reaction.”

Ariane de Vogue of CNN.com reports that “Obama administration, religious non-profits open to contraceptive mandate compromise.”

At the “Constitution Daily” blog of the National Constitution Center, Lyle Denniston has a post titled “Has the Supreme Court brokered a workable deal on birth-control?

Online at Bloomberg View, law professor Noah Feldman has an essay titled “Compromise Is a Losing Battle for the Supreme Court.”

At “The Volokh Conspiracy,” Eugene Volokh has a post titled “More from Michael McConnell on the supplementary briefing in ‘Zubik v. Burwell.’

At National Review’s “Bench Memos” blog, Ed Whelan has a post titled “Obama DOJ Evades Supreme Court’s Question in Little Sisters.”

Josh Blackman has a blog post titled “Analysis of Supplemental Briefing in Zubik v. Burwell.”

At the “Democracy in America” blog of The Economist, Steven Mazie has a post titled “Losing their religion: New briefs further complicate Supreme Court contraception battle.”

And at the “Bill of Health” blog, Greg Lipper has a post titled “The Zubik Supplemental Briefs: The Objectors Push for Second-Class Coverage, With a Smile.”

Posted at 9:03 PM by Howard Bashman



“Oklahoma Officials Told Of Execution Drug Mix-Up Months Earlier Than Previously Known; The Department of Corrections had reason to know it used the wrong drug in one execution in 2015 well before it obtained — and almost used — the same wrong drug for another execution later that same year”: Chris McDaniel of BuzzFeed News has this report.

Posted at 8:06 PM by Howard Bashman



“Flag case: Confederate emblem ‘anti-American,’ judge says.” The Associated Press has a report that begins, “A federal judge said Tuesday that the Confederate emblem on the Mississippi flag is ‘anti-American’ because it represents those who fought to leave the United States.”

Posted at 8:02 PM by Howard Bashman



“What It’s Like to Have Ted Cruz as a Law Professor; ‘I was struck by the strong sense that he would run for political office'”: Marissa Miller has this post online today at Cosmopolitan magazine, courtesy of Jason Steed.

Posted at 7:30 PM by Howard Bashman



Programming note: As part of Freedom Day 2016 today at the National Constitution Center, this afternoon at 2 p.m. eastern time I will be serving as a “virtual” U.S. Supreme Court justice as part of the final round of the ConSource-Harlan Institute oral arguments. I believe that I have been designated the third most senior justice on the Court, meaning that I will be playing the role of Justice Clarence Thomas at oral argument.

You can view the today’s events at the National Constitution Center — which begin at 2 p.m. eastern time and run into the evening — live, online via this link.

Additional posts will appear here this evening.

Posted at 11:18 AM by Howard Bashman



“Court ruling opens way for those without ID to vote”: In today’s edition of The Milwaukee Journal Sentinel, Patrick Marley and Jason Stein have a front page article that begins, “A panel of three federal judges opened up the possibility Tuesday that Wisconsin voters who have great difficulty getting photo IDs could cast ballots without them.”

In today’s edition of The Wisconsin State Journal, Mark Sommerhauser and Molly Beck have a front page article headlined “Appeals court ruling could allow those who can’t get IDs to vote anyway.”

And The Associated Press reports that “Court sends part of Wisconsin voter ID case back to judge.”

Circuit Judge Frank H. Easterbrook issued yesterday’s ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.

Posted at 8:45 AM by Howard Bashman