How Appealing



Tuesday, October 23, 2018

“Furious Yale Students Are Not Done Protesting Kavanaugh”: Lisa Ryan has this post at “The Cut” blog of New York Magazine.

Posted at 11:56 PM by Howard Bashman



“Brett Kavanaugh is confirmed and Ed Whelan is back; The conservative activist has returned to work following a leave of absence after a Zillow-powered tweetstorm in which he argued Christine Blasey Ford was assaulted by a Kavanaugh doppelgänger”: Jane Coaston of Vox has this report.

Posted at 11:52 PM by Howard Bashman



“Getting Beyond Balls and Strikes: What do umpires and judges have in common? Not as much as some people think.” Jennifer Finney Boylan has this essay online at The New York Times.

Posted at 8:17 PM by Howard Bashman



“Trump officials aggressively bypass appeals process to get issues before conservative Supreme Court”: Robert Barnes of The Washington Post has this report.

Posted at 6:18 PM by Howard Bashman



“Religious Freedom Shouldn’t Be Freedom to Discriminate: Can a foster-care agency refuse to work with non-Protestant and gay parents? The answer ought to be no, but U.S. law is murky.” Law professor Noah Feldman has this essay online at Bloomberg View.

Posted at 5:54 PM by Howard Bashman



“6th Circuit judge (and SCOTUS short-lister) calls for end to Auer deference”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 4:15 PM by Howard Bashman



“Your Kid’s Legacy Admission May Be One Casualty of Harvard Trial”: Janelle Lawrence and Patricia Hurtado of Bloomberg News have this report.

Posted at 3:44 PM by Howard Bashman



“Presiding Over the Harvard Admissions Trial: A Judge Who Was Rejected From Harvard.” Anemona Hartocollis has this article in today’s edition of The New York Times.

In today’s edition of The Boston Globe, Deirdre Fernandes has a front page article headlined “Harvard’s well-off outnumber low-income students 23 to 1.”

Jessica Wang, Nicole Hong, and Melissa Korn of The Wall Street Journal have an article headlined “Breakdown of the Harvard Admissions Process: Trial documents reveal how the elite school chooses its students.”

From The Harvard Crimson, Aidan F. Ryan has an article headlined “In First Day of Testimony, Khurana Says It’s Okay Harvard Skews Wealthy.” And Delano R. Franklin and Samuel W. Zwickel report that “Harvard, SFFA Debate Whether Race or Income Should Reign Supreme in Admissions Process.”

And online at Gallup, Frank Newport has a report headlined “The Harvard Affirmative Action Case and Public Opinion.”

Posted at 3:34 PM by Howard Bashman



“Corporate-Funded Judicial Boot Camp Made Sitting Federal Judges More Conservative”: David Dayen has this report online at The Intercept.

Posted at 1:48 PM by Howard Bashman



“Our inevitably living Constitution”: Sandy Levinson has this post at the “Balkinization” blog.

That blog is hosting a symposium on Jonathan Gienapp‘s new book, “The Second Creation: Fixing the American Constitution in the Founding Era.”

In earlier entries in that symposium, Mark Graber has a post titled “Fixation as a Constitutional Rhetoric.”

Alison L. LaCroix has a post titled “The Invention of the Archival Constitution.”

Christina Mulligan has a post titled “Evolving into the Fixed Constitution.”

Bernadette Meyler has a post titled “The Second Creation and Its Implications.”

Gerard N. Magliocca has a post titled “Fixation and Legitimacy.”

And Jack Balkin has a post titled “The Second Creation and Originalist Theory.”

Posted at 1:36 PM by Howard Bashman



“Retired Supreme Court justice Sandra Day O’Connor announces she is withdrawing from public life because of dementia”: Robert Barnes of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Sandra Day O’Connor, the nation’s first female Supreme Court justice, reveals dementia diagnosis.”

Jess Bravin of The Wall Street Journal reports that “Sandra Day O’Connor, First Woman on Supreme Court, Diagnosed With Dementia; The justice, who is withdrawing from an influential post-retirement career, wielded the court’s deciding vote for two dozen years.”

Richard Wolf of USA Today reports that “Former Supreme Court Justice Sandra Day O’Connor announces dementia diagnosis.”

Matthew Haag of The New York Times reports that “Sandra Day O’Connor, First Female Supreme Court Justice, Says She Has Dementia.”

Jessica Gresko of The Associated Press reports that “Sandra Day O’Connor announces likely Alzheimer’s diagnosis.”

Lawrence Hurley of Reuters reports that “Trail-blazing retired U.S. Justice O’Connor says she has dementia.”

Greg Stohr of Bloomberg News reports that “Retired Justice Sandra Day O’Connor Says She Has Dementia.”

Ariane de Vogue and Veronica Stracqualursi of CNN report that “Justice O’Connor announces she has been diagnosed with dementia, ‘probably Alzheimer’s.’” And Joan Biskupic of CNN has a news analysis headlined “As she faces dementia, Sandra Day O’Connor is a pioneer again.”

Katherine Lam of Fox News reports that “Sandra Day O’Connor, former Supreme Court justice, says she has ‘beginning stages of dementia.’

And Chris Geidner of BuzzFeed News reports that “Sandra Day O’Connor, The First Woman On The Supreme Court, Has Dementia And Is Withdrawing From Public Life.”

Posted at 1:18 PM by Howard Bashman



“Identity Politics in Overdrive: From the Kavanaugh hearings to a lawsuit alleging that Harvard discriminates against Asian-Americans, the Left sees ‘white supremacy’ at the heart of everything.” Heather Mac Donald has this post online at City Journal.

Posted at 10:58 AM by Howard Bashman



“Trump Appeals Court Nominee Is Working to End Affirmative Action at Harvard; Michael Park has also defended efforts to defund Planned Parenthood and block a migrant teenager’s abortion”: Stephanie Mencimer of Mother Jones has this report.

Posted at 10:53 AM by Howard Bashman



“Tsarnaev’s hospital interrogation submitted as part of death penalty appeal”: John R. Ellement of The Boston Globe has this report.

Posted at 10:49 AM by Howard Bashman



“The Supreme Court Has a Chance to Enforce Heller“: Mitchell Rocklin has this post at National Review’s “Bench Memos” blog.

Posted at 9:08 AM by Howard Bashman



“The Supreme Court’s 30 years war is finally over”: Hugh Hewitt has this essay online at The Washington Post. Therein, he writes, “The ’30 years war’ for the court, begun with the rejection of Robert H. Bork’s nomination, has been won.”

Posted at 9:02 AM by Howard Bashman



“Bill Cosby, Appealing Conviction, Hires 12th Firm and 20th Lawyer”: Graham Bowley has this article in today’s edition of The New York Times.

Posted at 8:50 AM by Howard Bashman



“Young People Are Suing the Trump Administration Over Climate Change. She’s Their Lawyer.” John Schwartz of The New York Times has this report.

Posted at 8:45 AM by Howard Bashman



“The Far-Reaching Threats of a Conservative Court: Will the Supreme Court wipe out the government protections that have shielded Americans from abusive business practices since the New Deal?” Law professor Eric Posner has this essay online at The New York Times.

Posted at 8:36 AM by Howard Bashman