How Appealing



Thursday, October 31, 2019

“Academic Constitutional Theory and Judicial Constitutional Practice”: Mark Tushnet has this post at the “Balkinization” blog.

Posted at 10:28 PM by Howard Bashman



“Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover; Some interesting issues raised by the only Fourth Amendment case currently on the Supreme Court’s docket.” Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 10:20 PM by Howard Bashman



“Should federal Indian law be textualist? Todd Henderson on the legal status of Eastern Oklahoma.” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 10:08 PM by Howard Bashman



“Al Sharpton lauds Del. Supreme Court appointment but says courts still need more diversity”: Karl Baker of The News Journal of Wilmington, Delaware has this report.

Posted at 9:26 PM by Howard Bashman



“Ninth Circuit nominee VanDyke cries under Senate questioning”: Gary Martin has this front page article in today’s edition of The Las Vegas Review-Journal.

Hannah Knowles of The Washington Post reports that “Trump judicial nominee cries over scathing letter from the American Bar Association.”

Jeanine Santucci of USA Today reports that “Trump judicial nominee cries at hearing during questioning on attitude toward LGBTQ people.”

Alex Swoyer of The Washington Times has articles headlined “Trump pick for 9th U.S. Circuit Court of Appeals accused of having anti-gay views” and “Criminal probe?: American Bar Association accused of bias after VanDyke ‘not qualified’ label.”

Dawson White of The Kansas City Star reports that “Trump’s judicial nominee cries when asked by Congress if he’ll treat gay people fairly.”

Ariane de Vogue and Alex Rogers of CNN report that “‘Not qualified’ rating and accusation from American Bar Association moves Trump nominee to tears.”

Ronn Blitzer of Fox News reports that “Trump judicial pick breaks down in tears at hearing over legal group’s attack.”

Harper Neidig of The Hill reports that “Judicial nominee breaks down amid question about attitude toward LGBT people.”

Guro Halleraker of TV 2 in Norway reports that “Trumps dommerkandidat begynte å gråte under høring; Dommernominerte Lawrence VanDyke gråt da han ble konfrontert om sine holdninger til LHBTQ-samfunnet under høring.”

Verna Vuoripuro of Helsingin Sanomat of Finland reports that “Trumpin tuomari­ehdokas murtui kyyneliin senaatin kuulemisessa: ‘Olen pettynyt, järkyttynyt ja loukkaantunut’; Republikaani­enemmistöinen senaatti on hyväksynyt viisi Trumpin nimittämää tuomaria, jotka asianajajaliitto oli todennut epäpäteviksi.”

In commentary, today’s edition of The Wall Street Journal contains an editorial titled “The ABA Strikes Again: The lawyers’ guild tries to defeat another conservative nominee.”

Also in today’s edition of The Wall Street Journal, Adam J. White has an op-ed titled “Another Smear Campaign From the American Bar Association; The lawyers group declares Lawrence VanDyke ‘not qualified’ based on claims from anonymous critics.”

And online at Fox News, Hiram Sasser has an essay titled “Trump judicial pick in tears — Left has again deployed lies, smears to destroy a nominee.”

Posted at 9:08 PM by Howard Bashman



“This Hidden Rule Could Make It Impossible to Fight an Abortion Ban in Court; Buried inside a new Supreme Court case is a ‘wrecking ball’ that could devastate abortion access”: Marie Solis of Vice has this report.

Posted at 3:03 PM by Howard Bashman



“A Federal Court May Soon Do What Congress Could Not: Obliterate Obamacare; Thousands organized to save the Affordable Care Act in 2017; Now the entire law may be struck down when no one’s looking.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 1:48 PM by Howard Bashman



Wednesday, October 30, 2019

By a vote of 6-to-5, Seventh Circuit denies rehearing en banc of divided three-judge panel’s decision affirming preliminary injunction against Indiana’s addition of a parental notification requirement to judicial bypass provision for minors seeking to access abortion services: You can access today’s order of the U.S. Court of Appeals for the Seventh Circuit denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, at this link.

My earlier coverage of the divided three-judge panel’s ruling can be accessed here.

Posted at 9:50 PM by Howard Bashman



“Abortion Opponents Divided On Best Way To Undo Kansas Supreme Court Ruling”: Stephen Koranda of Kansas Public Radio has this report.

Posted at 9:24 PM by Howard Bashman



“Marsy’s Law question will appear on ballot but won’t be counted after court injunction; advocates slam ruling”: Ivey DeJesus of The Patriot-News of Harrisburg, Pennsylvania has this report.

And Anna Orso of The Philadelphia Inquirer reports that “Marsy’s Law ballot question will appear in Pa., but votes won’t be counted, court rules.”

You can access today’s ruling of the Commonwealth Court of Pennsylvania at this link. And ACLU of Pennsylvania has made available online via this link the earlier filings in the case.

Posted at 3:24 PM by Howard Bashman



“New Lawsuit Filed In Maui County’s Supreme Court Showdown; The latest legal action asks a state court judge to allow the Maui County Council to settle the case before it has the potential to carve a giant loophole into the Clean Water Act”: Nick Grube of Honolulu Civil Beat has this report.

Melissa Tanji of The Maui News reports that “Lawsuit filed over injection wells case; Residents and Maui Tomorrow sue mayor and county attorney.”

And at “SCOTUSblog,” Lisa Heinzerling has a post titled “Argument preview: Justices to consider reach of Clean Water Act’s permitting requirement.”

Posted at 1:06 PM by Howard Bashman



“Canadian Supreme Court Justice Disappointed by Lack of Progress in International Human Rights”: Matthew Takavarasha of The Emory Wheel has this report.

Posted at 1:00 PM by Howard Bashman



“Pete Buttigieg longs for a non-political Supreme Court. That’s not really possible. Three big problems with Buttigieg’s plan to end the partisan war over the Supreme Court.” Ian Millhiser has this essay online at Vox.

Online at Justia’s Verdict, law professor Michael C. Dorf has an essay titled “Pete Buttigieg and his Critics Are Both Wrong About the Supreme Court.”

And at his “Dorf on Law” blog, Dorf has a related post titled “Why Don’t Democratic Voters Care About the Courts (as Much as Republican Voters Do)?

Posted at 12:48 PM by Howard Bashman



“Suddenly Ken Starr doesn’t like impeachment so much”: Columnist Dana Milbank has this op-ed in today’s edition of The Washington Post.

Posted at 11:18 AM by Howard Bashman



Tuesday, October 29, 2019

“Before First Federal Execution in Years, Family of Victims Dissents; A white supremacist was convicted of horrible crimes; But victims’ family members, the prosecutor and the judge have all said the death sentence was too arbitrary to justify”: Campbell Robertson of The New York Times has this report.

Posted at 10:34 PM by Howard Bashman



“Trump Ninth Circuit Judicial Picks Next to Face Senate Panel”: Madison Alder of Bloomberg Law has this report.

The Las Vegas Sun has published an editorial titled “Those who want ‘Law, Not Politics’ should vote down judicial activist nominee VanDyke.”

And online at The Las Vegas Review-Journal, columnist Victor Joecks has an essay titled “VanDyke a great pick for Nevada’s open Ninth Circuit seat.”

Today, the American Bar Association issued a letter (access page one and page two) rating Ninth Circuit nominee Lawrence VanDyke “not qualified.”

VanDyke will be one of two Ninth Circuit nominees whose confirmation hearing will occur tomorrow morning at 10 a.m. eastern time before the Senate Judiciary Committee.

Posted at 10:30 PM by Howard Bashman



“Emanuel victims ‘won this round’ and can sue feds, US Appeals Court rules”: Sara Coello of The Post and Courier of Charleston, South Carolina has an article that begins, “The full 4th U.S. Circuit Court of Appeals stood by their colleagues’ determination that Emanuel AME Church shooting survivors should be able to sue the federal government for failing to stop Dylann Roof’s rampage, they determined Tuesday.”

Posted at 10:16 PM by Howard Bashman