How Appealing



Tuesday, May 12, 2020

“Caesar, God and the Lockdowns: A federal court ruling on religious liberty is a lesson to governors.” Today’s edition of The Wall Street Journal contains an editorial that begins, “As governors consider how to ease their lockdowns, they might take a moment to read a pair of unanimous opinions this month from the U.S. Court of Appeals for the Sixth Circuit.”

Posted at 9:35 PM by Howard Bashman



“A Spaniel, a Mute Button and Profound Matters of State; American democracy in the coronavirus era has gone digital or at least more distant, however fitfully and incompletely, as all three branches of government struggle to adapt to a new reality”: Peter Baker of The New York Times has an article that begins, “With typical gravity and a familiar ‘oyez, oyez, oyez,’ the marshal of the Supreme Court announced on Tuesday morning that the justices had convened and, in keeping with ritual, she called on God to ‘save the United States and this honorable court.'”

Posted at 9:32 PM by Howard Bashman



“Jeffrey Epstein’s Victims Receive Amicus Support in the Eleventh Circuit”: Paul Cassell has this post at “The Volokh Conspiracy” about his client’s effort to obtain en banc review.

Posted at 9:27 PM by Howard Bashman



“Democrats Accuse Conservatives of a ‘Dark Money’ Bid to Influence Judges; A proposal to ban membership among judges in the Federalist Society has set off a partisan battle; The influential group has guided President Trump’s rightward overhaul of the judiciary”: Ben Protess and Rebecca R. Ruiz of The New York Times have this report.

Posted at 9:20 PM by Howard Bashman



“‘Faithless’ Electors Are Faithful to the Constitution; The Supreme Court should strike down state laws that try to constrain Electoral College voters’ choice”: Law professor Sai Prakash has this essay online at The Wall Street Journal.

Posted at 9:12 PM by Howard Bashman



“U.S. judge puts on hold Justice Dept. move to dismiss Michael Flynn’s guilty plea to hear outside groups’ challenges”: Spencer S. Hsu and Carol D. Leonnig of The Washington Post have this report.

And in Wednesday’s edition of The New York Times, Sharon LaFraniere will have a front page article headlined “Judge Hesitates to Accept Justice Dept. Move to Drop Flynn Charge; Law enforcement officials’ abrupt decision to end the case drew accusations from former colleagues that they had undermined the rule of law.”

Posted at 8:50 PM by Howard Bashman



“Michigan woman at center of transgender civil rights case dies at 59”: Melissa Nann Burke of The Detroit News has an article that begins, “The Michigan woman at the center of a high-profile transgender rights case pending before the U.S. Supreme Court has died, her family said. Aimee Stephens, 59, who had kidney disease, had been in hospice care at home in recent days. She passed away Tuesday, her brother-in-law John Pedit said.”

Posted at 2:35 PM by Howard Bashman



“Supreme Court confronts ‘faithless electors’ as 2020 presidential election looms”: Richard Wolf of USA Today has this report.

Posted at 1:30 PM by Howard Bashman



“Supreme Court Takes On Employment Bias at Religious Schools; The cases are the latest in a series the court has had before it considering the relationship between church and state”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes has an article headlined “Supreme Court split on when parochial teachers may make discrimination claims.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Supreme Court sounds split in case on rights for Catholic school teachers.”

In today’s edition of The Wall Street Journal, Brent Kendall has an article headlined “Justices Struggle With Religious Institutions’ Freedom to Hire and Fire at Will; Woman was fired after telling Catholic school authorities she had cancer.”

Richard Wolf of USA Today reports that “Supreme Court divided over religious employers’ right to fire workers.”

Jessica Gresko of The Associated Press reports that “Catholic schools, ex-teachers clash in Supreme Court case.”

Andrew Chung of Reuters reports that “U.S. Supreme Court conservatives lean toward shielding religious schools from suits.”

Greg Stohr of Bloomberg News reports that “Supreme Court Wary of Giving Religious Schools Broad Legal Shield.”

Ariane de Vogue of CNN reports that “Supreme Court examines discrimination lawsuits against religious schools.”

Ronn Blitzer and Bill Mears of Fox News report that “Supreme Court divided in religious school employment discrimination case.”

John Kruzel and Harper Neidig of The Hill report that “Supreme Court weighs rights of religious employers facing discrimination suits.”

Tim Ryan of Courthouse News Service reports that “Catholic Schools Defend Teacher Firings at Supreme Court.”

On yesterday evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court Weighs Whether Religious Schools Can Fire Lay Workers.”

In commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court seems likely to give religious employers a broad ability to discriminate; The Supreme Court’s ‘ministerial exception’ case appears likely to end in victory for the religious right.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court Considers Exempting Religious Employers From All Discrimination Laws.”

Posted at 1:00 PM by Howard Bashman



“Emory student sues university for refund over COVID-19 coursework”: In today’s edition of The Atlanta Jounral-Constitution, Eric Stirgus has an article that begins, “An Emory University student has filed a class action lawsuit against the school, saying the virtual learning it has provided since the coronavirus pandemic has been an inadequate substitute for the tens of thousands of dollars students paid in tuition this semester.”

Posted at 11:48 AM by Howard Bashman



“Supreme Court Weighs Whether Much of Oklahoma Is an Indian Reservation; The answer to the question could have vast implications for criminal prosecutions and for commerce”: Adam Liptak has this article in today’s edition of The New York Times.

Jess Bravin of The Wall Street Journal reports that “Supreme Court Revisits Boundaries of Creek Reservation; Eight-member court punted on the issue last year; Justice Gorsuch, now participating, may cast deciding vote.”

Chris Casteel of The Oklahoman reports that “Supreme Court justices wrestle with Creek reservation case.”

Mark Sherman of The Associated Press reports that “Gorsuch, likely key vote, seems to favor Oklahoma tribe.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court weighs Oklahoma tribal authority dispute.”

Jordan S. Rubin of Bloomberg Law reports that “Gorsuch Queries Favor Tribe in High-Stakes Reservation Case.”

Harper Neidig of The Hill reports that “Supreme Court grapples with tribal sovereignty questions.”

And Jack Rodgers of Courthouse News Service reports that “Justices Hear Fight Over Tribal Land in Criminal Appeal.”

Posted at 11:40 AM by Howard Bashman



“One Vote Away: How a Single Supreme Court Seat Can Change History.” Regnery Publishing has announced that, in October 2020, it will publish this book written by U.S. Senator Ted Cruz (R-TX).

Posted at 10:22 AM by Howard Bashman



“Supreme Court to Consider Whether Investigators Can Obtain Trump’s Financial Records; Decision, expected this summer, could have an impact on the 2020 presidential election”: Jess Bravin of The Wall Street Journal has this report.

And Josh Gerstein, Kyle Cheney, and Zach Warmbrodt of Politico report that “Trump’s effort to block tax subpoenas meets the Supreme Court he shaped; Oral arguments in a series of related cases are set to begin on Tuesday.”

Posted at 10:15 AM by Howard Bashman



“Clarence Thomas wants to shrink your free speech rights — unless you are a rich donor; Clarence Thomas has an expansive view of free speech for campaign donors; For most everyone else, not so much”: Ian Millhiser has this essay online at Vox.

Posted at 10:12 AM by Howard Bashman



“Not Everyone Is Happy With the Supreme Court’s Live Broadcasts; Lyle Denniston, one of the most seasoned Court watchers of all time, is unimpressed by the new format”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:06 AM by Howard Bashman



“Momentous Choices for Supreme Court as It Hears Trump Financial Records Cases; The court ruled unanimously against Presidents Richard Nixon and Bill Clinton when they sought to withhold evidence; But the current court is unlikely to achieve consensus”: Adam Liptak has this article in today’s edition of The New York Times.

Posted at 9:57 AM by Howard Bashman