How Appealing



Thursday, June 6, 2019

“Who Cares About the Supreme Court’s ‘Legitimacy’? Conservatives seem to assume that only the chief justice is moved by fears that he and his colleagues will end up looking like politicians in robes.” Linda Greenhouse has this essay online at The New York Times.

Posted at 8:20 AM by Howard Bashman



Wednesday, June 5, 2019

“Comparing Cert Stage OSG Efforts Under Obama and Trump”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 8:22 PM by Howard Bashman



“Politically Ruined Orie Sisters Take Fight to Third Circuit”: Emilee Larkin of Courthouse News Service has a report that begins, “Three politically active sisters, one a former Pennsylvania senator and another a former state Supreme Court justice, challenged their corruption convictions Wednesday at the Third Circuit.”

When the oral argument audio becomes available online from the U.S. Court of Appeals for the Third Circuit, I will link to it.

Update: The Third Circuit heard three separate oral arguments in these cases, and you can access the oral argument audio recordings here, here, and here.

Posted at 5:48 PM by Howard Bashman



“Democrats defend asking nominees about Catholic faith, affiliations”: Alex Swoyer of The Washington Times has this report.

Patrick L. Gregory of Bloomberg Law reports that “Senators Spar on Religion Questions at Trump Judge Pick Hearing.”

And Tim Ryan of Courthouse News Service reports that “Senate Panel Advances Nominee for Third Circuit Bench.”

You can view via this link the video of today’s U.S. Senate Judicary Committee confirmation hearing for Third Circuit nominee U.S. District Judge Peter J. Phipps (W.D. Pa.).

Posted at 4:40 PM by Howard Bashman



“Judges Give Both Sides a Grilling in Youth Climate Case Against the Government”: John Schwartz has this article in today’s edition of The New York Times.

Brady Dennis of The Washington Post reports that “Government argues for halt to youth climate lawsuit, saying there is no constitutional right to a stable climate; 21 young people sued in 2015, hoping to force an end to fossil-fuel-friendly U.S. policies.”

Julia Rosen of The Los Angeles Times reports that “Lawyers are optimistic that the youths’ climate change lawsuit will go to trial.”

In today’s edition of The Oregonian, Maxine Bernstein has a front page article headlined “Federal appeals court hears ‘climate change kids’ case.”

Andrew Selsky of The Associated Press reports that “US court weighs if climate change violates children’s rights.”

Barbara Grzincic of Reuters reports that “9th Circuit hears government’s bid to boot ‘kids’ climate change’ suit.”

Abby Smith of Bloomberg Environment reports that “Kids’ Climate Claims ‘Compelling’ But Court Queries Own Role.”

John D. Sutter of CNN reports that “Feds are still trying to stop the ‘climate kids’ lawsuit.”

And Jennifer Hijazi of Climatewire reports that “Kids face off with feds in landmark climate case.”

The U.S. Court of Appeals for the Ninth Circuit has posted on YouTube at this link the video of yesterday’s oral argument.

Posted at 4:00 PM by Howard Bashman



Tuesday, June 4, 2019

“Stevens’ Jurisprudence of Facts Is No Substitute for One of Principle”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 11:42 PM by Howard Bashman



Gundy v. United States Could Signal a Major Change in the Supreme Court’s Separation of Powers Jurisprudence”: Peter J. Wallison has this post at the “Law & Liberty” blog.

Posted at 11:38 PM by Howard Bashman



“Justice Thomas on Abortion and Eugenics: As the court dodges the issue, he takes an honest look at the racial history — as he’s done in many cases.” Columnist Jason L. Riley will have this essay in Wednesday’s edition of The Wall Street Journal.

Posted at 10:45 PM by Howard Bashman



“Florida Supreme Court poised to let ‘harmless error’ kill 173 death row prisoners”: The South Florida Sun Sentinel has published this editorial.

Posted at 10:40 PM by Howard Bashman



“How Republicans are leaving Democrats in the dust on judicial confirmations”: Deanna Paul of The Washington Post has this report.

Posted at 10:38 PM by Howard Bashman



“Supreme Court in waiting game on Trump administration bid to end DACA protection for immigrants”: Richard Wolf of USA Today has this report.

Posted at 10:36 PM by Howard Bashman



“The Democrats Discover the Supreme Court: Pete Buttigieg’s endorsement of a court-packing plan exemplifies the high court’s journey from afterthought to central concern among progressives.” David A. Graham of The Atlantic has this report.

Posted at 10:22 PM by Howard Bashman



“Judge Peter Phipps — Nominee to the U.S. Court of Appeals for the Third Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 10:12 PM by Howard Bashman



“A Better Way to Fix the Supreme Court: Pete Buttigieg’s plan is constitutionally dubious and would enshrine the very problem it seeks to eradicate; Here’s a different solution.” Matt Ford of The New Republic has this news analysis.

Posted at 9:48 AM by Howard Bashman



“Supreme Court Sides With Worker in Discrimination Suit; Justices also agree to hear case involving video footage of Blackbeard’s sunken ship”: Jess Bravin of The Wall Street Journal has this report.

Posted at 8:28 AM by Howard Bashman



Monday, June 3, 2019

“The Destruction of 6 Dallas Love Field Gates Could Be Headed to the Supreme Court”: Gary Leff has this post at his “View from the Wing” blog.

At “The Volokh Conspiracy,” Ilya Somin has a blog post titled “The Supreme Court Should Take the Love Terminal Takings Case; A lower court decision the Supreme Court is currently considering reviewing has important — and dangerous — implications for property rights.”

And earlier at the Hover Institution’s “Defining Ideas” blog, Richard A. Epstein had a post titled “Plunder At Love Field.”

Posted at 9:42 PM by Howard Bashman



“Clarence Thomas says he has ‘no idea’ where retirement rumors started”: Robert Barnes of The Washington Post has this report.

Posted at 5:00 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in four argued cases.

1. Justice Neil M. Gorsuch delivered the opinion of the Court in Azar v. Allina Health Services, No. 17-1484. Justice Stephen G. Breyer issued a dissenting opinion. And Justice Brett M. Kavanaugh did not participate. You can access the oral argument via this link.

2. Justice Breyer delivered the opinion for a unanimous Court in Taggart v. Lorenzen, No. 18-489. You can access the oral argument via this link.

3. Justice Ruth Bader Ginsburg delivered the opinion for a unanimous Court in Fort Bend County v. Davis, No. 18-525. You can access the oral argument via this link.

4. And Justice Clarence Thomas delivered the opinion of the Court in Mont v. United States, No. 17-8995. Justice Sonia Sotomayor issued a dissenting opinion, in which Justices Breyer, Elena Kagan, and Gorsuch joined. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman