How Appealing



Thursday, June 28, 2018

“What Anthony Kennedy’s retirement means for abortion, same-sex marriage, affirmative action and the future of the Supreme Court”: Joan Biskupic of CNN has this report.

Posted at 4:04 PM by Howard Bashman



“With Trump Supreme Court Coming, Democrats Weigh Strategy; One aide said the party sees a public-pressure campaign around abortion rights as its best shot to make voting for Trump’s nominee as ‘unpalatable as possible’ for centrist Republicans in the Senate”: Louise Radnofsky of The Wall Street Journal has this report.

Posted at 3:54 PM by Howard Bashman



“Tipping the Scales”: In the July 19, 2018 issue of The New York Review of Books, law professor Noah Feldman has an article that begins, “If Donald Trump’s nominee to replace Justice Anthony Kennedy, who announced his retirement on June 27, is confirmed by the Senate, the Supreme Court will have a stable majority of conservative justices for the first time since before the New Deal.”

Posted at 3:35 PM by Howard Bashman



“Kennedy’s Replacement Should Be Judge Amy Coney Barrett; It will be nice to have one woman in the majority when the Supreme Court finally overturns Roe v. Wade”: Ramesh Ponnuru has this essay online at Bloomberg View.

Posted at 3:20 PM by Howard Bashman



“Why Justice Kennedy’s Retirement From The Supreme Court Is Not The End Of The World; Yes, it’s an important event — but some of the reactions have been hyperbolic and over the top, and we all need to calm down”: David Lat has this post at “Above the Law.”

Posted at 3:03 PM by Howard Bashman



“U-Haul to pay $160M in Feltonville food-truck blast that killed 2”: Julie Shaw has this article in today’s edition of The Philadelphia Inquirer about a case in which I served as appellate counsel for plaintiffs.

Posted at 10:28 AM by Howard Bashman



“How to Fight a Supreme Court Nomination (And Win)”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 9:56 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in seven new cases. And the Court summarily affirmed in Harris v. Cooper, No. 16-166.

The Court issued a per curiam summary reversal of the Tenth Circuit‘s judgment in Sause v. Bauer, No. 17-742.

The Court issued a per curiam summary reversal of the Ninth Circuit‘s judgment in Sexton v. Beaudreaux, No. 17-1106. Justice Stephen G. Breyer dissented without opinion.

The Court issued a per curiam ruling in North Carolina v. Covington, No. 17–1364, on direct appeal from the U.S. District Court for the Middle District of North Carolina. Justice Clarence Thomas dissented from the Court’s summary disposition of the case.

Justice Neil M. Gorsuch issued a statement, in which Chief Justice John G. Roberts, Jr. and Justice Thomas joined, respecting the denial of certiorari in E.I. du Pont de Nemours & Co. v. Smiley, No. 16-1189.

Justice Thomas issued a dissent, in which Justice Gorsuch joined, from the denial of certiorari in Rowan County, N.C. v. Lund, No. 17-565.

Justice Alito issued a dissent, in which Justice Thomas joined, from the Court’s granting of a GVR order in Kaushal v. Indiana, No. 17-1356.

And Justice Stephen G. Breyer issued a dissent from the denial of certiorari in Jordan v. Mississippi, No. 17-7153.

Posted at 9:33 AM by Howard Bashman



“Supreme Court says more work needed to resolve long-running Florida-Georgia water dispute”: Robert Barnes has this article in today’s edition of The Washington Post.

Ledyard King of USA Today reports that “Supreme Court sides with Florida in decades-long dispute with Georgia over water rights.”

In today’s edition of The Atlanta Journal-Constitution, Tamar Hallerman has a front page article headlined “Supreme Court punts on Florida-Georgia water fight; Ruling extends states’ pricey, long-running legal skirmish.”

In today’s edition of The Tampa Bay Times, Craig Pittman has a front page article headlined “Supreme Court finally rules on Florida’s 30-year water war with Georgia. And it’s not over.”

And Jessica Gresko and Gary Fineout of The Associated Press report that “Justices give Florida narrow win in water fight with Georgia.”

Posted at 8:49 AM by Howard Bashman



“Justice Kennedy deserves this nasty, unflinching sendoff; Anthony Kennedy was a horrible justice, and his last decision was his worst”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 8:38 AM by Howard Bashman



“Examining What Justice Anthony Kennedy’s Retirement Means”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.” The broadcast also included related audio segments titled “Trump To Pick Kennedy Successor From List Of Conservative Judges“; “With Justice Kennedy Retiring, Trump Gets Another Supreme Court Pick“; and “Democrats Weigh Gravity Of Justice Kennedy’s Retirement.”

And on yesterday’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court To Lose Its Swing Voter: Justice Anthony Kennedy To Retire.” Scott Horsley had an audio segment titled “President Trump Says Search To Replace Justice Kennedy Will Begin Immediately.” Susan Davis had an audio segment titled “Retirement Of Supreme Court Justice Anthony Kennedy Sets Stage For Political Battle.” And the broadcast contained a related audio segment titled “Former Clerk For Justice Anthony Kennedy Reacts To His Retirement Announcement.”

Posted at 8:33 AM by Howard Bashman



Wednesday, June 27, 2018

“‘Even Trump can’t screw this up’: Kennedy retirement unites GOP; The president hopes naming a new Supreme Court justice will return him to the high-water mark of the Gorsuch confirmation just in time for the midterms.” Andrew Restuccia and Lorraine Woellert of Politico have this report.

And Josh Gerstein and Jennifer Haberkorn of Politico report that “Kennedy’s exit could upend abortion rights and end affirmative action; Other issues likely to be affected by a conservative replacement on the Supreme Court include gay rights and voting rights.”

Posted at 11:52 PM by Howard Bashman



“Why Anthony Kennedy Gave Up: In his last year on the bench, the lifelong devotee of dignity and the rule of law joined Team Trump. What happened?” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 11:39 PM by Howard Bashman



“In Flake’s war on Trump tariffs, judicial picks are caught in the crossfire”: Paul Kane of The Washington Post has this report.

Posted at 11:35 PM by Howard Bashman



“For Liberals, Little to Cheer in Kennedy’s Final Term”: Kenneth Jost has this post online at his blog, “Jost on Justice.”

Posted at 10:51 PM by Howard Bashman



“Trump reportedly has five frontrunners to replace Anthony Kennedy on Supreme Court”: Alex Swoyer of The Washington Times has this report.

Posted at 10:20 PM by Howard Bashman



“Anthony Kennedy retirement returns David Stras to Supreme Court speculation; Trump has kept the Eighth Circuit judge among his possible nominees since 2016”: Stephen Montemayor of The Minneapolis Star Tribune has this report.

Posted at 10:08 PM by Howard Bashman



“Justice Anthony Kennedy’s Exit Sets the Stage for a Fierce Battle Over His Successor; Departure stokes passions in both political parties going into this fall’s contest for control of Congress”: Jess Bravin, Louise Radnofsky, and Joshua Jamerson of The Wall Street Journal have this report.

Posted at 10:03 PM by Howard Bashman



“President Trump’s possible Supreme Court replacement pick has Indiana ties”: Noah Stubbs of The Evansville Courier & Press has this report.

Posted at 9:14 PM by Howard Bashman



“Could one of these Iowans replace U.S. Supreme Court Justice Kennedy?” William Petroski of The Des Moines Register has this report.

Posted at 9:10 PM by Howard Bashman



“Trump’s short list for high court includes two Georgia justices”: Bill Rankin of The Atlanta Journal-Constitution has this report.

Posted at 9:02 PM by Howard Bashman



“Trump’s list for Supreme Court includes 3 Michigan judges”: Melissa Nann Burke and Jonathan Oosting of The Detroit News have this report.

Posted at 8:53 PM by Howard Bashman



“To the voters who picked Trump with the courts in mind: You did the right thing.” Marc A. Thiessen has this essay online at The Washington Post.

Posted at 8:05 PM by Howard Bashman



“Don’t want a right-wing Supreme Court? Do everything you can to stop it.” Columnist E.J. Dionne Jr. has this essay online at The Washington Post.

Posted at 8:03 PM by Howard Bashman