How Appealing



Thursday, October 11, 2018

“How Kavanaugh’s addition to the Supreme Court could affect California”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 10:44 PM by Howard Bashman



“San Diego federal prosecutor among 3 Californians nominated to 9th Circuit seats”: Kristina Davis of The San Diego Union-Tribune has this report.

Posted at 10:28 PM by Howard Bashman



“The Gorsuch Brief: Progressive advocates used to write briefs designed to appeal to Anthony Kennedy; They’ve now got a new justice in their sights.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:40 PM by Howard Bashman



“Should the Supreme Court Matter So Much? The Kavanaugh controversy is a reminder of why the country’s founders wanted a less powerful institution.” Law professor Barry P. McDonald has this essay online at The New York Times.

Posted at 8:02 PM by Howard Bashman



“Workman’s impeachment trial in limbo after Supreme Court declares proceedings unconstitutional”: Phil Kabler of The Charleston (W. Va.) Gazette-Mail has this report.

Posted at 7:28 PM by Howard Bashman



“Senate heads for exits as vulnerable Democrats get campaign time and McConnell gets his judges”: Mike DeBonis of The Washington Post has an article that begins, “Endangered Senate Democrats got their freedom to campaign for next month’s midterm elections and in exchange Majority Leader Mitch McConnell got something he highly values — votes on 15 of President Trump’s judicial nominees.”

And Burgess Everett of Politico reports that “Democrats agree to confirmations of 15 Trump judges; In exchange, Dems facing reelection can go home to campaign.”

Posted at 7:08 PM by Howard Bashman



“West Virginia court blocks justice’s impeachment trial”: John Raby of The Associated Press has this report.

Alex Thomas of West Virginia’s MetroNews reports that “State Supreme Court rules to prevent Workman impeachment trial.”

Chris Dickerson of West Virginia Record reports that “State Supreme Court puts stop to Workman’s impeachment trial; Senate plans to appeal.”

And Dave Mistich of West Virginia Public Broadcasting reports that “Supreme Court Ruling Blocks Workman’s Impeachment Trial, Says Overall Process Was Flawed.”

Today’s ruling of the Supreme Court of Appeals of West Virginia consisted of a majority opinion and an opinion concurring in part and dissenting in part.

Posted at 5:33 PM by Howard Bashman



“Trump Is Mulling Candidates Who Could Replace Jeff Sessions; Potential candidates for attorney general include Alex Azar, Steven Bradbury and Bill Barr”: Michael C. Bender of The Wall Street Journal has this report.

According to the article, former D.C. Circuit Judge Janice Rogers Brown is among the candidates under consideration.

Posted at 5:04 PM by Howard Bashman



“Trump’s Latest Group Of Judicial Nominees Is A Jab At Dianne Feinstein And Kamala Harris; The White House rebuffed recommendations from the California Democrats for nominees for the Ninth Circuit”: Zoe Tillman of BuzzFeed News has this report.

Posted at 4:51 PM by Howard Bashman



“Should Progressives Wage War on the Supreme Court?” Law professors Daniel Hemel and Christopher Jon Sprigman have this jurisprudence essay online at Slate, introducing a debate between them.

The debate currently consists of four parts. Sprigman begins with an essay titled “The Supreme Court Is a Historically Regressive and Presently Expendable Institution.”

Next, Hemel has an essay titled “The Supreme Court Is a Bulwark of Democracy.”

Then, Sprigman has an essay titled “Three Plans for Saving Voters From a Right-Wing Activist Supreme Court: Forget court-packing, Canada has a better idea.”

And Hemel has an essay titled “Why Supreme Court Term Limits Won’t Work and What to Do Instead.”

Posted at 4:36 PM by Howard Bashman



“The Supreme Court celebrates its own corruption”: Columnist Molly Roberts has this essay online at The Washington Post.

Posted at 4:25 PM by Howard Bashman



“State Supreme Court calls a ‘timeout’ for Washington Bar Association to review its rules”: Steve Miletich of The Seattle Times has an article that begins, “The Washington State Supreme Court has directed the state bar association’s Board of Governors to defer action on proposed bylaw amendments pending a comprehensive review of the bar’s structure in light of a U.S. Supreme Court decision barring public-sector unions from collecting fees from nonmembers.”

Posted at 3:03 PM by Howard Bashman



“Anti-Asian Bias, Not Affirmative Action, Is on Trial in the Harvard Case”: Law professor Jeannie Suk Gersen has this post online at The New Yorker.

As I noted in this post from Monday, this week’s issue of that magazine contains a related article by Hua Hsu headlined “The Rise and Fall of Affirmative Action: With a lawsuit against Harvard, Asian-American activists have formed an alliance with a white conservative to change higher education.” The article, which I only started reading over lunch today, leaves little doubt that the intent of the lawsuit’s main financial supporter is to eradicate affirmative action altogether.

Posted at 2:27 PM by Howard Bashman



“Chief Justice Names Group to Review Workplace Conduct in the Judicial Branch; New work group will make recommendations on new rules, improved training, and clarifying reporting requirements to prevent discrimination and harassment”: The Judicial Council of California issued this news release today.

Posted at 2:14 PM by Howard Bashman



“Wash. Supreme Court declares death penalty unconstitutional; Gov. Jay Inslee issued a death penalty moratorium in 2014”: Lynsi Burton of SeattlePI.com has this report.

Rachel La Corte of The Associated Press reports that “Washington Supreme Court tosses out state’s death penalty.”

Chris Geidner of BuzzFeed News reports that “Washington State’s Death Penalty Is Unconstitutional, The State’s Supreme Court Rules; Those inmates on death row now will have their sentences converted to life imprisonment, the state’s justices ruled.”

And Nina Golgowski of HuffPost reports that “Washington State’s Supreme Court Declares Death Penalty Unconstitutional; The court ruled the punishment is applied ‘in an arbitrary and racially biased manner.’

You can access today’s ruling of the Washington Supreme Court at this link.

Posted at 1:32 PM by Howard Bashman



“Is the Supreme Court Broken? Plus, should Democrats run on the #MeToo movement?” The Opinion section of The New York Times has a new podcast called “The Argument,” and you can access its first installment, featuring Michelle Goldberg, Ross Douthat, and David Leonhardt, via this link.

Posted at 11:06 AM by Howard Bashman



“Harvard Students Vow Continued Activism After Kavanaugh’s Confirmation to Supreme Court”: Ruth A. Hailu of The Harvard Crimson has this report.

Posted at 8:44 AM by Howard Bashman



“Where now for the supreme court as Kavanaugh fulfils conservative dream? The nation’s highest court now has a solid rightwing majority, fuelling fears that it will be transformed into a partisan body out of step with the American people.” David Smith and Stephanie Kirchgaessner of The Guardian (UK) have this report.

Posted at 8:36 AM by Howard Bashman



“A Lesson for Kavanaugh From Another Tarnished Supreme Court Justice: Hugo Black rose from his past in the Ku Klux Klan to become one of the great civil libertarians.” Linda Greenhouse has this essay online at The New York Times.

Posted at 8:30 AM by Howard Bashman