How Appealing



Saturday, June 30, 2012

“For Attorneys General, Long Shot Brings Payoffs”: Sunday’s edition of The New York Times will contain an article that begins, “Few handicappers gave a band of Republican attorneys general much chance of success when they filed a constitutional challenge to President Obama’s health care law just minutes after it was signed on March 23, 2010.”

Posted at 7:45 PM by Howard Bashman



“Chief Justice Roberts signals that Supreme Court remains independent; His healthcare and immigration decisions upset conservatives, surprised liberals — and restored the faith of many in the idea of a nonpartisan judicial branch”: David G. Savage of The Los Angeles Times has this report.

Posted at 4:42 PM by Howard Bashman



Friday, June 29, 2012

“High court agrees no indecency fine for CBS ‘wardrobe malfunction'”: James Vicini of Reuters has this report.

The Associated Press reports that “Court won’t hear ‘wardrobe malfunction’ appeal.”

Bloomberg News reports that “Top Court Won’t Revive CBS Fine Over Super Bowl Exposure.”

Mike Sacks of The Huffington Post reports that “Janet Jackson ‘Wardrobe Malfunction’ Case Declined By Supreme Court, Erasing CBS Fine.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “‘Wardrobe malfunction’ case finally ends.”

Posted at 8:14 PM by Howard Bashman



“Conservatives See Silver Lining in Health Ruling”: In Saturday’s edition of The New York Times, James B. Stewart will have this new installment of his “Common Sense” column.

Posted at 6:14 PM by Howard Bashman



“It ain’t over — more legal challenges to health care law coming.” Michael Doyle of McClatchy Newspapers has this report.

Posted at 6:10 PM by Howard Bashman



“Roberts Ruling On Obamacare Calls Into Question Definition Of Tax, Penalty”: Jon Ward of The Huffington Post has this report.

Posted at 6:00 PM by Howard Bashman



Speaking of Solicitor General Donald B. Verrilli, Jr.: On the morning of Wednesday, July 11, 2012, The Heritage Foundation will host a program titled “Scholars & Scribes Review the Rulings: The Supreme Court’s 2011-2012 Term.”

Participants on the first hour’s panel will be Solicitor General Verrilli, law professor Richard A. Epstein, and Michael Carvin, with former Attorney General Edwin Meese III serving as moderator.

Participants on the second hour’s panel will be David G. Savage of The Los Angeles Times, Mark Sherman of The Associated Press, and me, with Todd Gaziano serving as moderator.

Posted at 4:02 PM by Howard Bashman



“After the health care ruling, Roberts jokes, but declines to talk about the decision”: Del Quentin Wilber of The Washington Post has a news update that begins, “Making his first public appearance since writing the U.S. Supreme Court’s controversial decision on health care, Chief Justice John G. Roberts Jr. on Friday joked, but declined to discuss the landmark ruling during a 30-minute question and answer session. Appearing at a judicial conference outside Pittsburgh, Roberts answered questions from two lower court judges and an audience of lawyers.”

Posted at 2:33 PM by Howard Bashman



“Supreme Court Lets Health Law Largely Stand, in Victory for Obama”: Adam Liptak has this front page article today in The New York Times. The newspaper also contains an article headlined “Justices Allow the Term ‘Tax’ to Embrace ‘Penalty’” and an editorial entitled “A Moderate Ruling With Risks Ahead.” In addition, columnist David Brooks has an op-ed entitled “Modesty and Audacity“; columnist Paul Krugman has an op-ed entitled “The Real Winners“; Neal K. Katyal has an op-ed entitled “A Pyrrhic Victory“; and law professor Richard A. Epstein has an op-ed entitled “A Confused Opinion.”

In today’s edition of The Washington Post, Robert Barnes reports that “Supreme Court upholds Obama’s health-care law.” And in commentary, columnist George F. Will has an essay entitled “Conservatives’ consolation prize“; columnist E.J. Dionne Jr. has an essay entitled “A victory for Obama — and for Roberts“; columnist Dana Milbank has an essay entitled “The umpire strikes back“; and columnist Charles Krauthammer has an essay entitled “Why Roberts did it.”

David G. Savage of The Los Angeles Times has articles headlined “Supreme Court upholds Obama’s healthcare law; The penalty for lacking insurance is simply a tax, not an unconstitutional mandate, Chief Justice John G. Roberts Jr. says in his majority opinion” and “Scorned after oral arguments on healthcare, Verrilli emerges a winner.” The newspaper also contains an editorial entitled “Vindication for ‘Obamacare’: Despite demonization from the right, the high court correctly upheld the healthcare reform law.”

In The Wall Street Journal, Jess Bravin and Louise Radnofsky report that “Court Backs Obama on Health Law; In a Surprise Ruling, Chief Justice Sides With Liberals to Uphold Insurance Mandate; Republicans to Press for Repeal.” And Ashby Jones and Brent Kendall report that “Roberts Straddles Ideological Divide.”

In USA Today, Richard Wolf, Brad Heath, and Chuck Raasch have an article headlined “How health care law survived, and what’s next.” In addition, Heath has an article headlined “Chief justice’s role takes ironic turn.”

Michael Doyle of McClatchy Newspapers reports that “Supreme Court upholds health care law, calls mandate’s fee a tax.”

The Washington Times contains articles headlined “Supreme Court upholds Obama’s health care overhaul” and “Roberts strikes balance with ‘tax’ interpretation.”

Warren Richey of The Christian Science Monitor has an article headlined “Obama health-care law: Supreme Court upholds it in entirety; A 5-to-4 Supreme Court majority — including Chief Justice John Roberts — determined that the Obama health-care law was authorized under Congress’s power to raise and collect taxes.”

And at “SCOTUSblog,” Lyle Denniston has posts titled “Don’t call it a mandate — it’s a tax” and “A giant hole in the safety net?

Posted at 10:30 AM by Howard Bashman



In coverage of yesterday’s Affordable Care Act ruling available online from Slate: Jeff Shesol has a jurisprudence essay entitled “John Roberts Is No Hero: Why our crush on the chief justice is silly — and undeserved.”

David L. Franklin has a jurisprudence essay entitled “Why Did Roberts Do It? To save the court.”

And Tom Scocca has an essay entitled “Obama Wins the Battle, Roberts Wins the War: The chief justice’s canny move to uphold the Affordable Care Act while gutting the Commerce Clause.”

Posted at 10:18 AM by Howard Bashman



“John Roberts recasts his legacy with health care decision”: Josh Gerstein and Darren Samuelsohn have this report at Politico.com.

Posted at 8:33 AM by Howard Bashman



Thursday, June 28, 2012

“In Decision, a Defining Move for Roberts”: Adam Liptak will have this news analysis in Friday’s edition of The New York Times.

In Friday’s edition of The Washington Post, Dan Eggen will have an article headlined “Roberts’s health-care decision stuns many but is in line with his outlook.”

David Goldstein of McClatchy Newspapers has an article headlined “Chief Justice John Roberts is health care ruling’s biggest surprise.”

Greg Stohr of Bloomberg News reports that “Roberts Rejects Partisanship In Backing Obama Health Law.”

Joan Biskupic of Reuters has a news analysis headlined “Why Roberts saved Obama’s healthcare law.”

The Associated Press reports that “Roberts delivers for president who had opposed him.”

This evening’s broadcast of NPR’s “All Things Considered” contained an audio segment entitled “Justice Roberts Breaks The Tie On Health Care.”

And at “The Volokh Conspiracy,” Orin Kerr has a post titled “The Conservative John Roberts.”

Posted at 10:35 PM by Howard Bashman



In recent posts at Slate’s “Supreme Court Year in Review”: Law professor Jack Balkin has a post titled “That boring old tax argument was always a winner.”

Seventh Circuit Judge Richard A. Posner has a post titled “The Commerce Clause was clearly enough to uphold the Affordable Care Act.”

Dahlia Lithwick has a post titled “A historic day for John Roberts and the court.”

Walter Dellinger has a post titled “Why this is now Chief Justice Roberts’ court.”

And Emily Bazelon has a post titled “Chief Justice Roberts saves Obama — as he should.”

Posted at 9:10 PM by Howard Bashman



“Barack Obama fooled on Supreme Court ruling by CNN, Fox News”: Politico.com has this report.

The Los Angeles Times reports that “CNN, Fox fumble the call, capping months of media misperception; The networks’ mistaken calls on the Supreme Court’s healthcare ruling came after much media speculation — often flat-out wrong — that sprang up following oral arguments before the high court.”

The Washington Post has an article headlined “Early reports on health-care decision from CNN, Fox overturned one mandate: Accuracy.”

Alex Kane Rudansky of McClatchy Newspapers reports that “CNN, Fox jump gun on Supreme Court health care ruling.”

BuzzFeed has a post titled “CNN News Staffers Revolt Over Blown Coverage.”

American Journalism Review has a post titled “Who Was First? Who Cares?

WSJ.com’s “Digits” blog has a post titled “SCOTUSblog Sees Traffic Surge With Health-Law Ruling.”

And Nieman Journalism Lab has a post titled “Anatomy of a spike: How SCOTUS Blog dealt with its biggest traffic day ever.”

Posted at 8:04 PM by Howard Bashman



“From Copyright to Surveillance to Torture, Supreme Court Term Ends Mixed”: David Kravets has this post at Wired.com’s “Threat Level” blog.

Posted at 6:24 PM by Howard Bashman