How Appealing



Monday, February 15, 2016

“Before Scalia’s Death, a Clash Between G.O.P. and Obama Over Appellate Judges”: Charlie Savage of The New York Times has an article that begins, “The vow by Senate Republicans to block whomever President Obama nominates to fill the sudden vacancy on the Supreme Court presages a prolonged election year struggle, but the clash is less a new front against the White House than an escalation of a battle that had begun at the appeals court level before Justice Antonin Scalia died.”

Posted at 10:02 PM by Howard Bashman



“How to Bring the Supreme Court Back Down to Earth”: Emily Bazelon of The New York Times Magazine has a post that begins, “The eight justices on the Supreme Court today all come from the federal appeals courts. (So did Justice Antonin Scalia, who died Saturday.) Only Justice Anthony M. Kennedy, who was a judge in California, served outside the East Coast cities of Boston, New York, Philadelphia and Washington. All eight attended law school at Harvard or Yale. None ever held elected office.”

Update: The first line of Bazelon’s post has been corrected to reflect that Justice Elena Kagan did not serve as a U.S. Circuit Judge. Of course, Bazelon had that aspect of Justice Kagan’s background specifically in mind at an earlier time.

Posted at 9:58 PM by Howard Bashman



“13 Women Who Should Be Considered to Replace Justice Scalia; In the history of the Supreme Court, only four women have served”: Jill Filipovic has this post at Cosmopolitan.

Posted at 9:54 PM by Howard Bashman



“Recalling Scalia, a Literary Stylist Who Scorned ‘Jiggery-Pokery'”: Jennifer Schuessler will have this article in Tuesday’s edition of The New York Times.

Posted at 9:42 PM by Howard Bashman



“GOP holdup on court will hurt USA; We cannot allow partisan politics to stop Senate from fulfilling its constitutional duty”: U.S. Senator Patrick Leahy (D-VT) has this essay online in USA Today.

Posted at 9:23 PM by Howard Bashman



“The stalemate over the Supreme Court could get even worse than you think”: Paul Waldman has this entry today at “The Plum Line” blog of The Washington Post.

Posted at 4:50 PM by Howard Bashman



“Fight to Name Justice Scalia’s Successor to Echo Past Battles; Nomination process has become more contentious over the years”: Brent Kendall and Jess Bravin of The Wall Street Journal have this report.

In other coverage from that newspaper, Carol E. Lee and Jess Bravin have an article headlined “Obama’s Strategy for Nominating New Justice Will Set Tone for Debate; White House has several options, but each carries risks.”

And Brent Kendall reports that “Justice Scalia’s Death Presents Election-Year Rarity; Senate has usually confirmed justices in rare cases when vacancy occurs in the final year of an administration.”

Posted at 4:39 PM by Howard Bashman



“How Antonin Scalia Shaped — and Misshaped — American Law: The late Supreme Court justice’s mixed legacy on liberty and the Constitution.” Damon Root has this essay at Reason.com.

Posted at 2:08 PM by Howard Bashman



“Srinivasan, Lynch fit Obama’s formula for nominees; In pushing candidates through a reluctant Senate, he has emphasized demographic firsts and cooperation with GOP”: Edward-Isaac Dovere of Politico.com has this report.

Posted at 2:04 PM by Howard Bashman



Beef’s got a beef with The LA Times: In today’s edition of The Los Angeles Times, Molly Hennessy-Fiske has an article headlined “Scalia’s last moments on a Texas ranch — quail hunting to being found in ‘perfect repose.’

According to the article

[Poindexter] sat next to Scalia at a dinner of ‘typical ranch fare.’ He didn’t recall what the justice ate, except that it wasn’t steak.

As any fan of Monty Python’s “The Meaning of Life” would know, of course it wasn’t the steak.

Posted at 2:00 PM by Howard Bashman



“10 Tiebreakers The Supreme Court Should Use To Settle 4-4 Splits: Drinking games, outsourcing, and hand-to-hand combat.” Aaron Nemo has this entry online at The Huffington Post.

Posted at 1:40 PM by Howard Bashman



“Could an Iowan soon sit on the nation’s highest court?” Ryan Koopmans has this post today at “On Brief: Iowa’s Appellate Blog.”

Posted at 1:30 PM by Howard Bashman



“In search for Scalia’s successor, Obama may see GOP opposition as incentive to select a liberal”: David G. Savage and David Lauter have this front page article in today’s edition of The Los Angeles Times.

Posted at 1:12 PM by Howard Bashman



“Journalist Joan Biskupic to talk about 25 years of covering the Supreme Court”: YaleNews has this report about an event scheduled to occur tomorrow in New Haven, Connecticut. Here’s hoping that video of the event will be available online at some point.

Posted at 11:45 AM by Howard Bashman



“This is a job for Chief Justice Roberts, judicial statesman”: Steve Klepper has this post today at the “Maryland Appellate Blog.”

Posted at 11:43 AM by Howard Bashman



“Supreme Court’s secrecy: no cameras in the courtroom.” CNN has posted this video clip online featuring Steven Brill, Floyd Abrams, and Jeffrey Toobin.

Posted at 10:50 AM by Howard Bashman



“Postscript: Antonin Scalia, 1936-2016.” Margaret Talbot has this post online at The New Yorker. Her profile of Justice Scalia, headlined “Supreme Confidence: The jurisprudence of Justice Antonin Scalia,” appeared in the March 28, 2005 issue of that magazine.

Also online at The New Yorker, Evan Osnos has a post titled “The Death of Antonin Scalia.”

And John Cassidy has a post titled “Will the G.O.P. Response to Antonin Scalia’s Death Hand the Election to the Democrats?

I previously linked to Jeffrey Toobin’s post titled “How Scalia Changed the Supreme Court.”

Posted at 10:08 AM by Howard Bashman



“A Special Joint Political Gabfest and Amicus on Antonin Scalia’s Death”: Last night, Slate posted online this new Amicus podcast featuring Emily Bazelon, Dahlia Lithwick, and David Plotz.

Posted at 10:02 AM by Howard Bashman