How Appealing



Tuesday, July 23, 2019

“A Supreme Court entrenched in political drama is focus of two timely books for Trump era”: Bob Egelko of The San Francisco Chronicle has this review of two recent books.

Posted at 8:10 PM by Howard Bashman



“Conservatives and Originalism: Their Relationship, Reconsidered.” Jeffrey Pojanowski has this post at the “Law & Liberty” blog.

Posted at 4:57 PM by Howard Bashman



“State Supreme Court Diversity: Across the Country, Courts Fail to Reflect the Racial, Ethnic, and Gender Diversity of the Communities They Serve.” The Brennan Center for Justice today issued this report, by Laila Robbins and Alicia Bannon, with Malia Reddick.

Bannon and Robbins also have a related post at that organization’s blog titled “State Supreme Courts Don’t Reflect the Diversity of the Communities They Serve; A new Brennan Center report details vast racial and gender disparities on state supreme courts around the country.”

And in today’s edition of The New York Times, Bannon and Robbins have an op-ed titled “The Nation’s Top State Courts Face a Crisis of Legitimacy; Judges on state supreme courts don’t reflect the diversity of their communities.”

Posted at 4:52 PM by Howard Bashman



“Penn Law dean calls professor Amy Wax’s comments on immigration and race ‘repugnant'”: Rob Tornoe of The Philadelphia Inquirer has this report.

Posted at 3:40 PM by Howard Bashman



“Professor Amy Wax And The Bell Curve: Eugenics and Social Darwinism are making a comeback.” LawProfBlawg has this post at “Above the Law.”

Posted at 2:38 PM by Howard Bashman



“The Most Gullible Man in Cambridge: A Harvard Law professor who teaches a class on judgment wouldn’t seem like an obvious mark, would he?” Kera Bolonik has this post at “The Cut” blog of New York magazine.

Posted at 2:33 PM by Howard Bashman



“10th Circuit reverses TABOR ruling, says lawsuit can challenge Colorado law’s constitutionality; Federal judge previously had found lawsuit’s plaintiffs lacked standing to sue”: Anna Staver of The Denver Post has this report.

Joey Bunch of The Gazette of Colorado Springs reports that “Federal appeals court revives lawsuit over Colorado’s TABOR.”

And at his “New Mexico Appellate Blog,” Emil J. Kiehne has a post titled “10th Circuit revives lawsuit challenging Colorado’s Taxpayer Bill of Rights.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Tenth Circuit at this link.

Posted at 1:06 PM by Howard Bashman



“Colorado state auditors investigating whistle-blower claims about fraud in Judicial Department; Allegations in anonymous letter sent in May to governor and chief justice”: David Migoya has this front page article in today’s edition of The Denver Post.

Posted at 12:54 PM by Howard Bashman



“The Man with the Golden Airline Ticket: My dad was one of the only people with a good-for-life, go-anywhere American Airlines pass. Then they took it away. This is the true story of having — and losing — a superpower.” Caroline Rothstein has this article, which contains an appellate component, online at Narratively.

Posted at 8:50 AM by Howard Bashman



Monday, July 22, 2019

“I’m Glad the Government Is Protecting Our Most Vulnerable People: Chick-fil-A.” Rebecca Saltzman has this post online at McSweeney’s Internet Tendency.

Posted at 7:48 PM by Howard Bashman



“Stevens on Robert F. Kennedy, the Warren Court and the Decision That Led to Binge-Watching; A few months before his death last week, the retired justice spoke about his life and work”: Jess Bravin of The Wall Street Journal has this report.

Posted at 7:33 PM by Howard Bashman



“Former Supreme Court Justice John Paul Stevens Lies In Repose”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 6:09 PM by Howard Bashman



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

Posted at 6:02 PM by Howard Bashman



“John Locke, Justice Gorsuch, and Gundy v. United States”: At the “Balkinization” blog, Richard Primus has a post that begins, “An earlier post on this blog by Mark Tushnet explained that Justice Gorsuch’s dissent in Gundy v. United States, which fires a loud shot across the bow of the administrative state, contained something like a fictionalized account of the facts behind Schechter Poultry.”

Mark Tushnet’s earlier post was titled “Epistemic Closure at the Supreme Court.”

Posted at 1:42 PM by Howard Bashman



“Should Congress Codify the Dormant Commerce Clause?” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 1:37 PM by Howard Bashman



“John Paul Stevens lies in repose at Supreme Court today”: Robert Barnes of The Washington Post has this report.

Richard Wolf of USA Today reports that “President Trump, Supreme Court justices pay respects to late Associate Justice John Paul Stevens.”

Jessica Gresko of The Associated Press reports that “Stevens praised as ‘brilliant man’ at Supreme Court ceremony.”

Lawrence Hurley of Reuters reports that “Trump, justices pay respects to late U.S. jurist Stevens.”

Greg Stohr and Josh Wingrove of Bloomberg News report that “Trump Visits Supreme Court to Pay Respects to Late Justice Stevens.”

Ariane de Vogue of CNN reports that “Dozens of former law clerks standing vigil for Justice John Paul Stevens as he lies in repose.”

And at “SCOTUSblog,” Mark Walsh has a post titled “A Supreme Court ceremony for Justice Stevens: ‘A modest and humble man.’

Posted at 1:22 PM by Howard Bashman



“The Private Plaintiffs Are Still Standing in Texas v. U.S.; If the Private Plaintiffs in NFIB v. Sebelius were injured by the mandate, then the Private Plaintiffs in Texas v. U.S. are injured by the mandate”: Josh Blackman has this post at “The Volokh Conspiracy,” where Josh is now a full-fledged co-blogger.

Posted at 10:32 AM by Howard Bashman



“Just Ideology? A Study Finds Another Predictor of Supreme Court Decisions.” In Tuesday’s edition of The New York Times, Adam Liptak will have this new installment of his “Sidebar” column.

It begins, “Chief Justice John G. Roberts Jr. has said he sometimes misses the old days, when ‘the sole practitioner with the battered briefcase’ would arrive in Washington from the hinterlands to argue a once-in-a-career case at the Supreme Court. These days, that lawyer has usually been replaced by one specializing in Supreme Court advocacy.”

Posted at 10:20 AM by Howard Bashman



“Getting His Clerkship”: At “SCOTUSblog,” John Q. Barrett has a guest post that begins, “In 1945, John Paul Stevens, age twenty-five, returned to his native Chicago.”

Posted at 8:33 AM by Howard Bashman



Sunday, July 21, 2019

“Federal government found ‘go back to your country’ phrase to be considered discriminatory in cases”: Rene Marsh and Ellie Kaufman of CNN have this report.

Posted at 10:10 PM by Howard Bashman



“The unexpected legacy of Justice Stevens — Conservative dismay over his record led to THIS”: Carrie Severino has this essay online at Fox News.

Posted at 8:16 PM by Howard Bashman