How Appealing



Sunday, September 22, 2019

“What Reconstruction-Era Laws Can Teach Our Democracy”: Lincoln Caplan will have this review of Eric Foner’s new book, “The Second Founding: How the Civil War and Reconstruction Remade the Constitution” in the Sunday Book Review section of the September 29, 2019 issue of The New York Times.

And earlier this week, NPR’s “Fresh Air” had an audio segment titled “‘Second Founding’ Examines How Reconstruction Remade The Constitution” consisting of an interview with Foner about his new book.

Posted at 7:59 PM by Howard Bashman



“A Pastafarian hilariously trolled a town council meeting. The stakes are profoundly serious. The Satanic Temple and the Church of the Flying Spaghetti Monster are playing a dangerous high-stakes game with the Supreme Court.” Ian Millhiser has this essay online at Vox.

Posted at 7:46 PM by Howard Bashman



Saturday, September 21, 2019

“High-Profile Cases Sparking New Debate Over Old Legal Concept of Felony Murder; Longstanding rule comes under fresh attack as critics say it is often applied unfairly on the young and minorities”: Daja Henry of The Wall Street Journal has this report.

Posted at 10:18 PM by Howard Bashman



“The Man Democrats Loathe More Than Trump; Sen. Mitch McConnell on his high-stakes battles for the Supreme Court, his ways of cajoling reluctant colleagues, and the chamber’s future”: Fred Barnes has this new installment of The Weekend Interview in today’s edition of The Wall Street Journal.

Posted at 10:12 PM by Howard Bashman



“Why America’s Abortion Rate Might Be Higher Than It Appears; Evidence suggests more American women are ‘self-managing’ their abortions”: Claire Cain Miller and Margot Sanger-Katz have this article in today’s edition of The New York Times.

Posted at 10:00 PM by Howard Bashman



“Justice Zahra: Wilder’s 2018 defeat ‘devastating’ to rule of law.” Beth LeBlanc of The Detroit News has this report.

Posted at 9:37 PM by Howard Bashman



“The Supreme Court And Code Of Ethics”: This audio segment featuring Nina Totenberg appeared on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 9:34 PM by Howard Bashman



Friday, September 20, 2019

“Judicial Make-Up Call: With two more Trump nominees, Patrick Bumatay and Lawrence VanDyke, this isn’t Obama’s Ninth Circuit.” The Wall Street Journal has published this editorial.

Posted at 10:40 PM by Howard Bashman



“Administrative State Under Judicial Fire: Appeals courts brawl over agency power; Will the Justices intervene?” This editorial appears in today’s edition of The Wall Street Journal.

Posted at 10:20 PM by Howard Bashman



“Why They’ll Never Stop Targeting Kavanaugh; The continuing assault reflects both a fixation and an effort to deprive the court of its legitimacy”: Columnist Peggy Noonan has this essay online at Thw Wall Street Journal.

Posted at 10:18 PM by Howard Bashman



“Two Times Reporters on ‘The Education of Brett Kavanaugh’: Robin Pogrebin and Kate Kelly discuss their new book, and Tim Winton talks about his most recent novel, ‘The Shepherd’s Hut.'” The New York Times has posted online this Book Review podcast hosted by Pamela Paul.

Posted at 10:16 PM by Howard Bashman



“Court says Sacramento-area transgender man can sue Mercy San Juan over denying hysterectomy”: Cathie Anderson of The Sacramento Bee has this report.

Bob Egelko of The San Francisco Chronicle reports that “Suit by transgender man initially refused surgery reinstated by appeals court.”

And columnist Michael Hiltzik of The Los Angeles Times has an essay titled “Court reinstates lawsuit against Catholic hospital for refusing transgender patient’s surgery.”

You can access Tuesday’s ruling of the California Court of Appeal for the First Appellate District at this link.

Posted at 10:08 PM by Howard Bashman



“Trump to nominate ex-Nevada solicitor general to appeals court”: Debra J. Saunders of The Las Vegas Review-Journal has this report.

Posted at 6:08 PM by Howard Bashman



“Where the Top Democratic Candidates Stand on the Supreme Court”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 5:35 PM by Howard Bashman



“Gerald Bostock’s is one of the landmark LGBTQ discrimination cases SCOTUS will soon hear. He tells Tim Teeman he wants to ‘ensure nobody goes to work in fear of losing their job.'” Tim Teeman of The Daily Beast has this report.

Posted at 1:57 PM by Howard Bashman



“Trump announces two judicial nominees for the 9th U.S. Circuit Court of Appeals”: Alex Swoyer of The Washington Times has this report.

Jordan S. Rubin of Bloomberg Law reports that “Openly Gay Prosecutor Among Two Planned Ninth Circuit Nominees.”

And Tim Ryan of Courthouse News Service reports that “Trump Continues to Reshape Ninth Circuit With Two New Picks.”

The White House today issued a news release titled “President Donald J. Trump Announces Judicial Nominees and United States Marshal Nominee.”

Posted at 1:48 PM by Howard Bashman



Thursday, September 19, 2019

“The Cost of Running Guantánamo Bay: $13 Million Per Prisoner; Set up nearly 18 years ago to house detainees in the war on terrorism, the prison on the remote naval base has grown into what appears to be the most expensive on earth.” Carol Rosenberg of The Miami Herald has this report.

Posted at 10:50 PM by Howard Bashman



“Magbanua now asking for separate trial in Markel murder”: Julie Montanaro of Tallahassee, Florida’s WCTV Eyewitness News has this report.

Posted at 10:30 PM by Howard Bashman



“We asked the parties to file supplemental briefs on the original meaning of Article III’s case-or-controversy requirement, specifically whether the corpus of Founding-era American English helped illuminate that meaning. . . . Here, we agree with the parties that corpus linguistics turned out not to be the most helpful tool in the toolkit.” So concludes a three-judge panel of the U.S. Court of Appeals for the Sixth Circuit in a footnote to an opinion issued today.

Posted at 10:20 PM by Howard Bashman



“You’re Recused! Vermont Supreme Court Justices to Sit One Out.” Sasha Goldstein of Seven Days has an article that begins, “The sitting justices of the Vermont Supreme Court have all recused themselves from an upcoming case because of their professional relationship with one of the litigants.”

Posted at 8:20 PM by Howard Bashman