How Appealing



Wednesday, March 2, 2016

“Texas Retailers Lose Fight Against Anti-Surcharge Law”: In February 2015, Jess Davis of Law360.com had an article (subscription required for full access) that begins, “A Texas federal judge on Wednesday dealt a blow to a group of merchants challenging a state law governing how they can disclose a credit card surcharge to consumers, dismissing their argument that the rule infringes their free speech rights.”

Today, the majority on a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit issued this decision affirming the district court’s dismissal of the case.

Posted at 10:32 PM by Howard Bashman



“Iowa judge Jane Kelly possible U.S. Supreme Court pick”: Grant Rodgers of The Des Moines Register has an article that begins, “Jane Kelly, an Iowa judge whose name is making the lists of potential replacements for U.S. Supreme Court Justice Antonin Scalia, would bring a unique resume to the nation’s highest court, according to friends, politicians and court watchers.”

Posted at 10:04 PM by Howard Bashman



“Will the Supreme Court Deadlock on the Texas Abortion Case? The first contentious case since Antonin Scalia’s death has at least one justice looking for an exit.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 9:02 PM by Howard Bashman



“The Women Take Over: In oral arguments for the Texas abortion case, the three female justices upend the Supreme Court’s balance of power.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.

Posted at 8:19 PM by Howard Bashman



“Supreme Court Opinions and The ‘Audience Problem'”: Erica Goldberg has this post today at her “In A Crowded Theater” blog.

Posted at 5:06 PM by Howard Bashman



“Supreme Court Appears Sharply Divided as It Hears Texas Abortion Case”: Adam Liptak of The New York Times has this report.

Robert Barnes and Sandhya Somashekhar of The Washington Post report that “Supreme Court hears arguments on Texas abortion-clinics case.” Sarah Kaplan reports that “Those who waited, through cold and rain, finally get precious seats for Supreme Court history.” And Danielle Paquette and Sandhya Somashekhar report that “South Texas’s only abortion clinic is battleground for major Supreme Court case.”

David G. Savage of The Los Angeles Times reports that “Supreme Court’s female justices take aim at Texas abortion restrictions.”

Richard Wolf of USA Today reports that “Supreme Court closely divided on abortion case.”

Jess Bravin, Louise Radnofsky, and Brent Kendall of The Wall Street Journal report that “Some Supreme Court Justices Cite Lack of Detail in Key Abortion Case; Questions by justices during oral arguments raise possibility of sending the case back to lower court.”

Michael Doyle of McClatchy DC reports that “No clear sign from Supreme Court how it will rule on Texas abortion law.”

Greg Stohr of Bloomberg News reports that “Texas Abortion Clinic Rules Questioned at U.S. High Court.”

Cristian Farias and Laura Bassett of The Huffington Post report that “Supreme Court Hears Historic Case That Could Seal Fate Of Roe v. Wade; The liberal justices stood strong against Texas — and maybe Justice Anthony Kennedy will side with them.”

Chris Geidner of BuzzFeed News reports that “Scalia’s Absence Rules Out Big Victory For Abortion Opponents At Supreme Court; The case — eyed by advocates on both sides of the abortion fight as a pivotal moment — took a turn in the wake of Justice Antonin Scalia’s death; An empowered liberal bench.”

And at “SCOTUSblog,” Lyle Denniston has a post titled “Argument analysis: Two options on abortion law?” And Mark Walsh has a post titled “A ‘view’ from the Courtroom: Extra time to weigh a divisive issue.”

You can access at this link the transcript of today’s U.S. Supreme Court oral argument in Whole Woman’s Health v. Hellerstedt, No. 15-274.

Posted at 4:45 PM by Howard Bashman



“Justices, Other Legal Luminaries Pay Tribute to ‘Nino'”: Jess Bravin has this post today at WSJ.com’s “Law Blog.”

Posted at 4:17 PM by Howard Bashman



“White House Said to Be Vetting Appeals Court Judge for Supreme Court Seat”: Julie Hirschfeld Davis of The New York Times has an article that begins, “The White House is vetting Jane L. Kelly, a career public defender turned federal appellate judge, as a potential nominee for the Supreme Court, as President Obama closes in on a decision that could reshape the court for decades and create an election-year showdown with Republicans.”

Posted at 4:11 PM by Howard Bashman



“Kemp, Womack win Supreme Court seats; Goodson loses chief justice race; Little Rock lawyer Mason trails circuit judge”: In today’s edition of The Arkansas Democrat-Gazette, Spencer Willems has a front page article that begins, “In a pair of Supreme Court campaigns highlighted by negative ads from out-of-state groups, Circuit Court Judges Dan Kemp and Shawn Womack easily defeated sitting Justice Courtney Goodson and Little Rock attorney Clark Mason.”

And The Associated Press reports that “Outside groups’ spending pays off in Arkansas court races.”

Posted at 11:40 AM by Howard Bashman



“FAC 6 (First Amendment Conversations) The Law & Politics of Money: A Q & A with Richard Hasen — Part I.” Ronald K.L. Collins has this post today at “Concurring Opinions.”

Posted at 11:24 AM by Howard Bashman



“Supreme Court Set to Take Up Key Abortion Case; Justices to focus on two Texas provisions regulating clinics”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:18 AM by Howard Bashman