How Appealing



Tuesday, June 16, 2020

“The Three People at the Center of the Landmark Supreme Court Decision”: Online at The New Yorker, Michael Schulman has a post that begins, “I keep thinking about their jobs. Funeral director. Advocate for at-risk children. Skydiving instructor.”

Posted at 10:05 PM by Howard Bashman



“Neil Gorsuch? The surprise behind the Supreme Court’s surprising LGBTQ decision.” Robert Barnes of The Washington Post has this report.

Posted at 10:00 PM by Howard Bashman



“The Emperor’s New Law: Magical thinking replaces jurisprudence at the Supreme Court.” Kevin D. Williamson has this essay online at National Review.

Posted at 9:54 PM by Howard Bashman



“Breaking With Tradition, Some Judges Speak Out on Racial Injustices; State supreme courts pledge to root out bias in judicial system and heal ‘raw wounds of racism'”: Jess Bravin had this article in yesterday’s edition of The Wall Street Journal.

Posted at 8:22 PM by Howard Bashman



“Illinois Churches Lose Bid to Hold Large Religious Services”: Porter Wells of Bloomberg Law has a report that begins, “A group of Illinois churches couldn’t convince the Seventh Circuit on Tuesday to block enforcement of an Illinois coronavirus order that caps religious services at ten individuals.”

And Lisa Klein of Courthouse News Service reports that “Illinois Churches Lose Challenge to Ban on Mass Gatherings.”

Circuit Judge Frank H. Easterbrook issued today’s ruling of the U.S. Court of Appeals for the Seventh Circuit on behalf of a unanimous three-judge panel.

Posted at 7:38 PM by Howard Bashman



“Bostock: What Two Conservatives Realized and Three Dissenters Missed; By following Antonin Scalia’s textualist criteria, Neil Gorsuch ruled that gay and transgender employees can’t be discriminated against.” Law professor Andrew Koppelman has this essay online at The American Prospect.

Posted at 6:42 PM by Howard Bashman



“State Supreme Court says judge should not have become Facebook friends with woman while he decided her custody case”: Bruce Vielmetti, Milwaukee Journal Sentinel has this report.

And Scott Bauer of The Associated Press reports that “Judge’s Facebook friendship upends Wisconsin custody case.”

You can access today’s 4-to-3 ruling of the Supreme Court of Wisconsin at this link. Interestingly, the author of the majority opinion also issued a separate concurrence in which the author of the dissenting opinion joined.

Posted at 5:48 PM by Howard Bashman



“Conservative Christians See ‘Seismic Implications’ in Supreme Court Ruling; A ruling that protects the rights of gay and transgender workers could affect how conservative groups operate their own institutions”: Elizabeth Dias has this article in today’s edition of The New York Times.

Posted at 5:28 PM by Howard Bashman



“Authorities charge alleged Santa Cruz deputy killer with assassinating federal cop in Oakland, link attacks to Boogaloo group”: Nate Gartrell and Fiona Kelliher of The East Bay Times have this report.

Posted at 4:12 PM by Howard Bashman



“Does Justice Gorsuch’s Magnificent Opinion in the Title VII Sexual Orientation and Gender Identity Cases Redeem Textualism?” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 3:55 PM by Howard Bashman



“John Roberts May Not Be the Ally Gun-Rights Advocates Hoped For; The Court’s decision not to hear several Second Amendment cases may be a sign that the chief justice is not a solid vote against gun control”: Law professor Adam Winkler has this essay online at The Atlantic.

And online at Bloomberg Opinion, Francis Wilkinson has an essay titled “Justices Who Favor Gun Rights Fear Roberts Does Not; Why the Supreme Court declined to hear 10 different Second Amendment cases.”

Posted at 3:48 PM by Howard Bashman



“Abolishing Qualified Immunity Is Unlikely to Alter Police Behavior; A host of reasons raise questions about the effectiveness of this reform”: Law professor Daniel Epps has this essay online at The New York Times.

Posted at 3:44 PM by Howard Bashman



“Ruling on LGBTQ rights once again reveals precarious nature of Supreme Court’s conservative majority”: Richard Wolf of USA Today has this report.

Posted at 2:03 PM by Howard Bashman



“What ‘Because of Sex’ Really Means: Beneath the verbal jousting, the Court expressed dueling views of sexual orientation and gender, and how society should assess them.” Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 11:42 AM by Howard Bashman



“Textualism’s Redeemers: A ruling that Title VII protects gay and transgender employees may earn textualism strange new disrespect.” Dale Carpenter has this post at “The Volokh Conspiracy.”

And also at that blog, Ilya Somin has a post titled “Textualism and Purposivism in Today’s Supreme Court Decision on Discrimination Against Gays, Lesbians, and Transsexuals; The decision in Bostock v. Clayton County is well-justified from the standpoint of textualism (a theory associated with conservatives), but less clearly so from the standpoint of purposivism (often associated with liberals).”

Posted at 9:55 AM by Howard Bashman