How Appealing



Monday, June 15, 2020

“President Trump says his family is unified. A niece’s book could explode that image.” Michael Kranish of The Washington Post has this report. According to the article, “The book will include Mary [Trump]’s account of her conversations with Donald Trump’s sister, former U.S. appellate judge Maryanne Trump Barry, who does not speak flatteringly about her brother, according to the Daily Beast.”

And Lachlan Cartwright of The Daily Beast has an article headlined “Revealed: The Family Member Who Turned on Trump; The president’s niece Mary Trump is set to publish a tell-all this summer—and to reveal that she was a primary source for The New York Times’ investigation into Trump’s taxes.”

Posted at 9:38 PM by Howard Bashman



“Federal Judge Lambasts Amendment to Rename Confederate Bases as ‘Madness,’ Gets Thoroughly Bodied By Clerk”: Ryan Grim of The Intercept has a report that begins, “The battle over renaming U.S. bases that currently honor Confederate officers broke out in the U.S. Court of Appeals in Washington, D.C., on Monday. But the argument was not in the courtroom; rather, it was launched, and settled, over email.”

Posted at 9:33 PM by Howard Bashman



“Christian conservatives rattled after Supreme Court rules against LGBT discrimination”: Sarah Pulliam Bailey of The Washington Post has this report.

Burgess Everett and Marianne LeVine of Politico report that “GOP backs Gorsuch’s LGBTQ decision after conservative blowback.”

Harper Neidig and John Kruzel of The Hill report that “Gorsuch draws surprise, anger with LGBT decision.”

Tierney Sneed and Kate Riga of TPM have a report headlined “Why Gorsuch’s Role In Pro-LGBT Ruling Cuts Conservatives So Deep.” And Kate Riga reports that “Conservatives Declare End Of The World After Gorsuch, Roberts Help Deliver Huge LGBTQ Win.”

In commentary, at “The Soapbox” blog of The New Republic, Matt Ford has a post titled “Neil Gorsuch Just Upended the Conservative Legal Project; The conservative justice’s ruling in favor of gay, queer, and transgender workers shows the limits of the right’s Faustian bargain on judges.”

Online at Slate, Jeremy Stahl has a jurisprudence essay titled “Conservative Activists and Pundits Are Melting Down Over Gorsuch’s Embrace of LGBTQ Rights; After spending millions to get him on the court, judicial activists are feeling betrayed.” Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court Just Tanked Trump’s Anti-Trans Agenda; The administration has spent years crafting a multipronged assault on LGBTQ rights.” And law professor Naomi Schoenbaum has a jurisprudence essay titled “The Supreme Court Victory for Transgender Women Is a Win for All Women.”

Online at The Daily Signal, Hans von Spakovsky and Ryan T. Anderson have an essay titled “Gorsuch Helps Transform the Supreme Court Into the Supreme Legislature on LGBT Rights.”

And at RealClear Politics, Sean Trende has a post titled “Why Roberts, Gorsuch Voted With Liberals on LGBT Case.”

Posted at 9:12 PM by Howard Bashman



“How Gorsuch Took a Page From Scalia in an LGBT Employment Discrimination Case”: Damon Root has this post online at Reason.

Posted at 8:42 PM by Howard Bashman



“LGBT Rights Supreme Court Ruling Is a Power Play by Gorsuch; The conservative justice seized an opportunity to appear objective”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 8:30 PM by Howard Bashman



“Another Win for the Kagan Court: She wins over Gorsuch and Roberts to rewrite the Civil Rights Act.” The Wall Street Journal has published this editorial.

Posted at 8:27 PM by Howard Bashman



“Gorsuch, Conservative Favorite Appointed by Trump, Leads Way on Landmark Decision; One conservative group said the justice’s opinion in the L.G.B.T. rights case had betrayed the legacy of Justice Antonin Scalia, whose seat on the court he has held since 2017”: Michael D. Shear of The New York Times has this report.

Posted at 7:37 PM by Howard Bashman



“Two Supreme Court jaw droppers: The LGBTQ decision and you can’t believe who wrote it; The irony of Trump’s first appointee to the top court authoring a landmark ruling on gay rights.” Pete Williams of NBC News has this report.

Posted at 7:30 PM by Howard Bashman



“Fighting the Battle of a Derecho While Working From Home: Fortunately, for the most part appellate litigation can be performed anywhere one has access to a laptop computer and a reliable internet connection. Electricity helps too!” This month’s new installment of my “Upon Further Revuew” column will appear in tomorrow’s issue of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Therein, I note that this December will mark the column’s 20th anniversary. And Senior Ninth Circuit Judge N. Randy Smith makes a cameo appearance.

Posted at 1:46 PM by Howard Bashman



“Neil Gorsuch Just Handed Down a Historic Victory for LGBTQ Rights; An unlikely majority followed a straightforward legal theory to outlaw anti-LGBTQ workplace discrimination”: Mark Joseph Stern has this jurisprudence essay online at Slate.

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s landmark LGBTQ rights decision, explained in 5 simple sentences; Justice Neil Gorsuch’s opinion is clear, straightforward, and correct.”

Posted at 1:30 PM by Howard Bashman



“Civil Rights Law Protects Gay and Transgender Workers, Supreme Court Rules; The court said the language of the Civil Rights Act of 1964, which prohibits sex discrimination, applies to discrimination based on sexual orientation and gender identity”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court says gay, transgender workers are protected by federal law forbidding discrimination on the basis of sex.”

David G. Savage of The Los Angeles Times reports that “Supreme Court extends federal civil rights protection in workplace to all LGBTQ employees.”

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Rules for Gay and Transgender Rights in the Workplace; Justices rule federal civil-rights law prohibits workplace discrimination against LGBT workers.”

Richard Wolf of USA Today reports that “Supreme Court grants federal job protections to gay, lesbian, transgender workers.”

Alex Swoyer of The Washington Times reports that “Supreme Court rules LGBT employees can sue employer for discrimination.”

Mark Sherman of The Associated Press reports that “Justices rule LGBT people protected from job discrimination.”

Lawrence Hurley of Reuters reports that “In landmark ruling, U.S. Supreme Court bars discrimination against LGBT workers.”

Greg Stohr of Bloomberg News reports that “Workers Can’t Be Fired for LGBT Status, U.S. Supreme Court Says.”

Pete Williams of NBC News reports that “In landmark case, Supreme Court rules LGBTQ workers are protected from job discrimination; The decision said Title VII of the Civil Rights Act of 1964, which makes it illegal for employers to discriminate because of a person’s sex, also covers sexual orientation and transgender status.”

Ariane de Vogue and Devan Cole of CNN report that “Supreme Court says federal law protects LGBTQ workers from discrimination.”

Ronn Blitzer and Bill Mears of Fox News report that “Supreme Court rules gay workers protected from job discrimination, in big win for LGBT rights.”

Josh Gerstein and Rebecca Rainey of Politico report that “Supreme Court finds federal law bars LGBT discrimination in workplace; Two of the court’s Republican appointees joined the court’s Democratic appointees to deliver the surprising, 6-3 victory to LGBT advocates.”

Harper Neidig of The Hill reports that “Workers can’t be fired for being gay or transgender, Supreme Court rules.”

Todd Ruger of Roll Call reports that “Supreme Court extends employment protections to LGBT individuals; Gorsuch, Roberts join liberal judges in first LGBT decision since Kennedy’s retirement.”

Dominic Holden and Zoe Tillman of BuzzFeed News report that “LGBTQ Americans Just Won A Massive Civil Rights Victory At The Supreme Court; A majority of justices ruled that an employer violates federal law when they fire someone for being LGBTQ.”

Tim Ryan and Brad Kutner of Courthouse News Service report that “High Court Rules Civil Rights Law Protects LGBT Workers.”

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Supreme Court Rules LGBTQ Workers Protected Against Sex Discrimination.”

Posted at 12:55 PM by Howard Bashman



Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court issued two rulings.

1. Justice Neil M. Gorsuch delivered the opinion of the Court in Bostock v. Clayton County, No. 17-1618. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justice Clarence Thomas joined. And Justice Brett M. Kavanaugh issued a dissenting opinion. You can access the oral arguments here and here.

2. Justice Thomas delivered the opinion of the Court in United States Forest Service v. Cowpasture River Preservation Ass’n, No. 18-1584. Justice Sonia Sotomayor issued a dissenting opinion, in which Justice Elena Kagan joined. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



“‘Troubling Tableau’ in 11th Circuit’s Prisoner Cases, Sotomayor Says; The appeals court, which covers three Southern states, uses procedures ‘out of step with other courts,’ Justice Sonia Sotomayor wrote, echoing critiques from judges and scholars”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 9:42 AM by Howard Bashman



Access online today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in two new cases and requested the views of the Solicitor General in one case.

In addition, the Court issued a per curiam opinion in Andrus v. Texas, No. 18–9674. Justice Samuel A. Alito, Jr. issued a dissenting opinion, in which Justices Clarence Thomas and Neil M. Gorsuch joined.

In Rogers v. Grewal, No. 18–824, Justice Thomas issued a dissent, in which Justice Kavanaugh joined, from the denial of certiorari.

And in Baxter v. Bracey, No. 18–1287, Justice Thomas issued a dissent from the denial of certiorari.

Posted at 9:31 AM by Howard Bashman