How Appealing



Tuesday, January 22, 2019

“Russell Baker, Times Columnist and Celebrated Humorist, Dies at 93”: This obituary, written by Robert D. McFadden, appears online at The New York Times.

Posted at 10:48 PM by Howard Bashman



“New York Passes Abortion-Rights Bill on Roe v. Wade Anniversary; Cuomo signs it into law, as Legislature also approves measure requiring health insurers to cover contraceptives”: Jimmy Vielkind of The Wall Street Journal has this report.

Posted at 9:55 PM by Howard Bashman



“Transgender Soldiers Are Terrified, Disappointed, And Anxious After The Supreme Court’s Ruling”: Dominic Holden of BuzzFeed News has this report.

Posted at 9:48 PM by Howard Bashman



“The Supreme Court’s ‘peyote decision’ limited freedom of religion. Is it in trouble?” Column Michael McGough has this essay online at The Los Angeles Times.

Posted at 9:45 PM by Howard Bashman



“Under Roberts, Supreme Court wades into transgender debate, avoids other tough issues”: David G. Savage of The Los Angeles Times has this report.

Posted at 9:40 PM by Howard Bashman



“Will the Court Read the Free Exercise Clause as Often Mandating Religious Exemptions from Generally Applicable Laws? Four conservative Justices (Thomas, Alito, Gorsuch, and Kavanaugh) so suggested in an opinion today — and Justice Breyer had taken a similar view 20 years ago.” Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 9:18 PM by Howard Bashman



“Gov. DeSantis appoints Carlos Muñiz to Florida Supreme Court; The governor has appointed three justices since taking office two weeks ago”: Lawrence Mower of The Tampa Bay Times has this report.

Gray Rohrer of The Orlando Sentinel reports that “Gov. Ron DeSantis names Carlos Muñiz to Florida Supreme Court.”

John Kennedy of GateHouse Capital Bureau reports for The Sarasota Herald-Tribune reports that “DeSantis appoints third Florida Supreme Court justice, completing conservative makeover; The appointments shift the court away from a liberal-leaning majority.”

And in commentary, The South Florida Sun-Sentinel has published an editorial titled “The most conservative Florida Supreme Court in decades.”

Posted at 9:10 PM by Howard Bashman



“Supreme Court maintains its low-key term, while signaling an appetite for future controversies”: Robert Barnes of The Washington Post has this report.

Posted at 8:54 PM by Howard Bashman



“Trump administration asks Supreme Court to quickly take up census citizenship question”: Robert Barnes of The Washington Post has this report.

Rebecca Ballhaus and Brent Kendall of The Wall Street Journal report that “Justice Department Pushes for Supreme Court Review of 2020 Census Case; Commerce Secretary Wilbur Ross to testify before Congress on census citizenship question.”

Stephen Dinan of The Washington Times reports that “DOJ asks Supreme Court to speed census citizenship case.”

Mark Sherman of The Associated Press reports that “Trump seeks quick high court ruling on citizenship question.”

Andrew Chung and Lawrence Hurley of Reuters report that “Trump administration to ask Supreme Court to decide census dispute.”

Greg Stohr of Bloomberg News reports that “Trump Administration to Appeal to Supreme Court in Census Case.”

And Ariane de Vogue of CNN reports that “Justice Department plans to ask Supreme Court to hear census case this term.”

Posted at 8:50 PM by Howard Bashman



“Trump Is Doubling Down On Some Of His Criticized Judicial Nominees — But Not All Of Them”: Zoe Tillman of BuzzFeed News has this report.

Posted at 8:27 PM by Howard Bashman



“The Supreme Court Just Ended My Military Career; The justices chose not to protect the rights of transgender patriots like me”: Brynn Tannehill has this essay online at The New York Times.

Posted at 8:24 PM by Howard Bashman



“Mitch McConnell Got Everything He Wanted. But at What Cost? The president whom the Senate Republican leader helped elect has turned out to be the one thing he can’t control.” Charles Homans will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 8:14 PM by Howard Bashman



“Roe v. Wade Is at Risk. Here’s How to Prepare. Abortion rights are under threat from the Supreme Court. But states can take critical actions.” This editorial appears in today’s edition of The New York Times.

And online at that newspaper, law professor Mary Ziegler has an essay titled “The Abortion Wars Have Become a Fight Over Science; Forty-six years after Roe, the two camps increasingly disagree on basic facts about abortion — and who has the authority to determine them.”

Posted at 8:10 PM by Howard Bashman



“Supreme Court mostly sidesteps politics, but conservatives tee up big disputes for next year”: Ariane de Vogue of CNN has this report.

Posted at 6:54 PM by Howard Bashman



“Kavanaugh Resists Trump (Somewhat, at Least for Now); The Supreme Court and its newest member send a mixed message about the extent of executive authority”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 6:07 PM by Howard Bashman



“Who’s Clerking for the 2018 Term”: This very impressive list appeared in the Fall 2018 issue of UVA Lawyer magazine.

Over the nearly 17 years that this blog has been in existence, I have referred to various appellate judges by name on numerous occasions — and hopefully I have not mangled those names too often. I mention that because this list of law clerks and the judges for whom they are clerking contains a mash-up of the names of two Sixth Circuit judges that had never occurred to me, “Ralph B. Guy Cole Jr.”

Additional online research has revealed that the individual in question is in fact clerking for Sixth Circuit Chief Judge R. Guy Cole, Jr., not Senior Sixth Circuit Judge Ralph B. Guy, Jr. And, for the record, the “R.” in R. Guy Cole, Jr. is not short for Ralph.

Posted at 4:00 PM by Howard Bashman



“Appeal on monetary bonds to be heard”: Phaedra Haywood of The Santa Fe New Mexican has an article that begins, “A federal appeals court in Denver is scheduled to hear oral arguments Tuesday in the New Mexico bail bonds industry’s legal challenge to reforms that essentially eliminated monetary bonds in New Mexico in the last few years.”

I will link to the audio of this oral argument once it becomes available online.

Posted at 1:32 PM by Howard Bashman



“Supreme Court Will Hear Second Amendment Case”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court will review gun restrictions for first time in nearly a decade.”

Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court Agrees to Examine New York City Gun Rules; Gun-rights advocates say owners are entitled to bring handguns to second homes, target ranges or shooting competitions outside the city.”

Richard Wolf of USA Today reports that “Supreme Court agrees to hear gun rights case after nearly a decade of inaction on Second Amendment.”

David Sherfinski of The Washington Times reports that “Supreme Court to hear case on NYC handgun transport restrictions.”

Andrew Chung and Lawrence Hurley of Reuters report that “U.S. Supreme Court to hear major New York gun rights case.”

Greg Stohr of Bloomberg News reports that “New York’s Gun-Transportation Rules Draw Supreme Court Scrutiny.”

Ariane de Vogue of CNN reports that “Conservative Supreme Court majority says it will hear 2nd Amendment case.”

Pete Williams of NBC News reports that “Supreme Court takes up gun rights case for first time in a decade; Supreme Court takes up gun rights case for first time in a decade.”

And Lydia Wheeler of The Hill reports that “Supreme Court agrees to review NYC gun restrictions.”

Posted at 1:25 PM by Howard Bashman



“Supreme Court Revives Transgender Ban for Military Service”: Adam Liptak of The New York Times has this report.

Robert Barnes and Dan Lamothe of The Washington Post report that “Supreme Court allows Trump restrictions on transgender troops in military to go into effect as legal battle continues.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rules for Trump’s ban on transgender troops in the military.”

Richard Wolf of USA Today reports that “Supreme Court allows Trump’s partial military ban on transgender people in military to take effect.”

Brent Kendall of The Wall Street Journal reports that “Supreme Court Allows Trump Administration to Implement Transgender Restrictions in Military; High court also declines to take up a case at center of immigration fight in Washington.”

Alex Swoyer of The Washington Times reports that “Supreme Court allows Trump administration transgender military policy to go into effect.”

Jessica Gresko of The Associated Press reports that “High court lets military implement transgender restrictions.”

Andrew Chung of Reuters reports that “Supreme Court lets Trump transgender troop restrictions take effect.”

Greg Stohr of Bloomberg News reports that “Supreme Court Lets Trump’s Transgender Military Ban Take Effect.”

Ariane de Vogue and Zachary Cohen of CNN report that “Supreme Court allows transgender military ban to go into effect.”

Lydia Wheeler of The Hill reports that “Supreme Court allows transgender military ban to be enforced.”

And Chris Geidner of BuzzFeed News reports that “The Supreme Court Allows Trump To Implement His Transgender Military Ban; It was a 5-4 decision.”

Posted at 12:48 PM by Howard Bashman



“Supreme Court will hear the first big Second Amendment case of the Kavanaugh era; This will end badly”: Ian Millhiser has this essay online at ThinkProgress.

Posted at 9:55 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case. The Court also granted stays of two preliminary injunctions against President Donald J. Trump in cases now pending on appeal to the U.S. Court of Appeals for the Ninth Circuit.

And in Kennedy v. Bremerton Sch. Dist., No. 18-12, Justice Samuel A. Alito, Jr. issued a statement, in which Justices Clarence Thomas, Neil M. Gorsuch, and Brett M. Kavanaugh joined, respecting the denial of certiorari.

Posted at 9:32 AM by Howard Bashman