How Appealing



Friday, March 6, 2020

“If Joe Biden Wins: A few things we’ll no longer have to worry about.” Columnist Bret Stephens has this essay, which among other things discusses federal judicial appointments, online at The New York Times.

Posted at 10:34 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: The Dissents of Judge Thomas Griffith.” Aaron L. Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:57 PM by Howard Bashman



“The Right’s New Strategy to Fight Abortion Takes Aim at Doctors; The attack on reproductive rights is borrowing from one of Roe‘s original strategies, and weaknesses”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 8:22 PM by Howard Bashman



“Supreme Court nominees sent to Gov. Kim Reynolds’ office ahead of her 4th appointment to Iowa’s highest court”: Anna Spoerre of The Des Moines Register has this report.

Posted at 8:00 PM by Howard Bashman



“The Supreme Court gets dragged into 2020; Heading into the election, Trump and even some of his critics are calling on justices to recuse themselves from politically explosive cases”: Darren Samuelsohn of Politico has this report.

Posted at 7:54 PM by Howard Bashman



“Trump Campaign’s Libel Claims Are Long Shots; The lawsuits against the New York Times and Washington Post open the president up to the potential of an under-oath deposition”: Jacob Gershman of The Wall Street Journal has this report.

Posted at 1:30 PM by Howard Bashman



“House Democrats request appeal asking court to enforce subpoena for former Trump White House counsel Donald McGahn”: Spencer S. Hsu and Ann E. Marimow of The Washington Post have a report that begins, “House Democrats asked a federal appeals court in Washington on Friday to reconsider enforcing a congressional subpoena for President Trump’s former White House counsel Donald McGahn.”

You can access at this link the petition for rehearing en banc filed today in the U.S. Court of Appeals for the D.C. Circuit.

Posted at 1:22 PM by Howard Bashman



“Trump needs Jeff Wall on the DC Circuit Court of Appeals”: Quin Hillyer has this essay online at the Washington Examiner.

Posted at 1:08 PM by Howard Bashman



“No matter what the Supreme Court decides, abortion opponents have already won; As the Supreme Court considers a Louisiana law, this is how anti-abortion groups see the direction of the country”: Anna North of Vox has this report.

Posted at 1:00 PM by Howard Bashman



“Chuck Schumer Needs to Watch Himself; Imitating Trump’s threats is not the way to preserve the rule of law in this country”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 9:04 AM by Howard Bashman



Thursday, March 5, 2020

“Forum Shopping is Rational; Advocates on the right and the left choose their ideal forum, as they should”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:48 PM by Howard Bashman



“The Justices Punt on Religious Liberty; They should overturn a 1977 ruling against private employees who need accommodation”: Nathan Lewin has this essay online at The Wall Street Journal.

Posted at 9:45 PM by Howard Bashman



“Schumer and the War on Judges: From court-packing plans to intimidation, the Democrats pursue a losing strategy.” Columnist Kimberley A. Strassel has this essay online at The Wall Street Journal.

Posted at 9:38 PM by Howard Bashman



“Free Speech for Lawyers: The Supreme Court may soon hear challenges to bar-association dues.” The Wall Street Journal has published this editorial.

Posted at 9:32 PM by Howard Bashman



“Supreme court chief denies judges trying to ‘grab’ power from parliament; Lord Reed also warns against US-style selection of judges based on their political views”: Owen Bowcott of The Guardian (UK) has a report that begins, “Judges are not staging a power grab to take over parliament’s role and do not make up law ‘as we go along,’ the new president of the supreme court has told a parliamentary committee. In a robust defence of judicial independence in the face of government plans to change the UK’s constitution, Lord Reed of Allermuir warned that US-style confirmation hearings to select judges on the basis of their political views would be ‘really intolerable.'”

Posted at 8:30 PM by Howard Bashman



“As Supreme Court Mulls Dreamers, Kushner Revives Immigration Plan; The president’s son-in-law is hoping that a looming ruling will spur interest in his proposal, which is similar to one he tried to push last year”: Maggie Haberman and Zolan Kanno-Youngs of The New York Times have this report.

Posted at 8:17 PM by Howard Bashman



“Frontrunners Emerge for New Vacancy on Influential Appeals Court”: Kevin Daley of The Washington Free Beacon has this report.

Posted at 7:49 PM by Howard Bashman



“High Court Access Crunch Underscored at Abortion Case”: Jordan S. Rubin and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 2:23 PM by Howard Bashman



“Trump just got the chance to pick another judge for the influential appeals court in D.C.” Ann E. Marimow of The Washington Post has this report.

Posted at 1:57 PM by Howard Bashman



“Cashing in on justice: Three Senate Judiciary members outpace colleagues in contributions from judicial nominees.” Joshua Eaton, Ilana Marcus, and Ed Timms of Roll Call have this report.

And the current episode of the “CQ on Congress” podcast, with Shawn Zeller and Evan Campbell, is titled “Pay-to-play in the judiciary.”

Posted at 1:48 PM by Howard Bashman



“2019 vote studies: Markey leads in voting against judicial nominees; Massachusetts Democrat says Trump nominees ‘overwhelmingly’ unqualified.” Shawn Zeller of Roll Call has this report.

Posted at 1:44 PM by Howard Bashman



“Schumer says he misspoke in remarks directed at two Supreme Court justices, defends abortion rights”: John Wagner of The Washington Post has this report.

Erin B. Logan of The Los Angeles Times reports that “Schumer apologizes for attacks on Justices Gorsuch and Kavanaugh.”

Lindsay Wise of The Wall Street Journal reports that “Schumer Says He Regrets Supreme Court Comments; Senate minority leader says ‘I shouldn’t have used the words I did, but in no way was I making a threat.’”

Alex Swoyer of The Washington Times has an article headlined “Schumer: ‘I should not have used the words I used’ against Gorsuch, Kavanaugh.”

Greg Stohr of Bloomberg News reports that “Schumer Says He Regrets He Words Used to Blast Kavanaugh, Gorsuch.”

Chandelis Duster of CNN reports that “Schumer says he used the wrong words following Supreme Court backlash.”

Rebecca Shabad of NBC News reports that “Schumer denies threatening Supreme Court justices, but says, ‘I shouldn’t have used the words I did’; At an abortion-rights rally outside the Supreme Court on Wednesday, Schumer slammed Justices Neil Gorsuch and Brett Kavanaugh.”

Ronn Blitzer and Chad Pergram of Fox News report that “McConnell slams Schumer on Senate floor for controversial remarks directed at Supreme Court justices.”

Andrew Desiderio of Politico reports that “Schumer walks back SCOTUS comments after Roberts rebuke; ‘I should not have used the words I used yesterday. They did not come out the way I intended to,’ the minority leader says.”

Jordain Carney of The Hill reports that “Schumer walks back words he used on Supreme Court justices.”

In commentary, online at The Washington Post, columnist Ruth Marcus has an essay titled “John Roberts was right to castigate Chuck Schumer.”

And online at Vox, Ian Millhiser has an essay titled “The controversy over Chuck Schumer’s attack on Gorsuch and Kavanaugh, explained; Sen. Chuck Schumer’s Supreme Court tirade is a symptom of America’s democratic decline.”

Posted at 1:38 PM by Howard Bashman



“2 Jurors Voted to Spare His Life. Alabama Is Set to Execute Him. Nathaniel Woods was condemned by a judge even though a jury failed to reach a unanimous verdict on his sentence. Advocates are urging the governor to intervene before his execution on Thursday.” Rick Rojas of The New York Times has this report.

In today’s edition of The Montgomery (Ala.) Advertiser, Melissa Brown has a front page article headlined “MLK’s son asks Alabama to stop upcoming execution as federal stay is denied.” And Kirsten Fiscus and Melissa Brown of The Montgomery Advertiser have an article headlined “‘Give us time’: Family of Nathaniel Woods set for execution makes plea to Gov. Ivey.”

And Ivana Hrynkiw of Alabama Media Group reports that “Nathaniel Woods, convicted of killing 3 police officers, asks for stay before 6 p.m. execution.”

Posted at 11:42 AM by Howard Bashman



“Wreath, Crest, and Gavel: Ed and Nancy Kienholz’s Cadillac-based artwork The Caddy Court is commentary on the Supreme Court.” Brett Berk of Car & Driver has this report.

Posted at 11:18 AM by Howard Bashman



“Judge Thomas Griffith to Retire from DC Circuit, Opening Third Vacancy for Trump; The judge most recently made headlines with his opinion in the House’s lawsuit seeking to compel testimony from former White House counsel Don McGahn”: Jacqueline Thomsen of The National Law Journal has this report.

Posted at 11:06 AM by Howard Bashman



Wednesday, March 4, 2020

“Possible Responses to the Major Abortion Case Before the Supreme Court”: Margaret Talbot has this post online at The New Yorker.

Posted at 10:48 PM by Howard Bashman