How Appealing



Thursday, June 18, 2020

“Oklahoma Supreme Court to rule on Trump rally lawsuit”: Tim Willert of The Oklahoman has a report that begins, “The Oklahoma Supreme Court is expected to rule Friday whether those who attend a campaign rally for President Trump on Saturday in Tulsa must adhere to CDC guidelines for face masks and social distancing.”

And Joshua Partlow, Colby Itkowitz, and Annie Gowen of The Washington Post report that “Tulsa arena asks Trump campaign for detailed health plan as Oklahoma Supreme Court hears arguments about rally.”

Posted at 11:03 PM by Howard Bashman



“Setback on Immigration Policy Goal Leaves Trump Fuming Over Makeup of Courts; The Supreme Court has given President Trump a new opening to rally his right-wing base by arguing that he needs another four years to stack the courts with conservative jurists”: Michael D. Shear will have this article in Friday’s edition of The New York Times.

Posted at 10:44 PM by Howard Bashman



“Bostock v Clayton County: a debate among ‘Scaliaphiles’?” Sean A. Smith has this post at his blog, “Ikuta Matata.”

Posted at 9:54 PM by Howard Bashman



“Police Pulled Over Two Black Men For Having An Air Freshener In Their Car. A Court Ruled The Stop Was Legitimate. Studies have found that traffic stops for minor infractions disproportionately affect Black and Latino drivers and courts have upheld stops for air fresheners before.” Zoe Tillman of BuzzFeed News has this report discussing, among other things, a ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

Posted at 9:48 PM by Howard Bashman



“The Trump Administration’s Incompetence Was the Saving Grace of 700,000 Dreamers; But the Supreme Court refused to say that rescinding DACA won’t occur in the future”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 9:44 PM by Howard Bashman



“How the Warren Court Enabled Police Abuse: ‘Qualified immunity’ lets cops avoid accountability; It’s an invention of the liberal chief justice.” David B. Rivkin Jr. and Andrew M. Grossman have this op-ed in today’s edition of The Wall Street Journal.

Posted at 9:25 PM by Howard Bashman



“Recent Supreme Court decisions show it can be hard for presidents to dictate its direction”: Michael Scherer of The Washington Post has this report.

Posted at 9:04 PM by Howard Bashman



“Blue Monday turns into Blue Week, and likely Blue June; Conservatives are 0-5 this week; A new #SCOTUS short list will not help”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:30 PM by Howard Bashman



“Trump lashes out at Supreme Court, tries to turn DACA decision into a campaign issue”: John Wagner of The Washington Post has this report.

David Jackson of USA Today reports that “Trump blasts DACA decision, asking if people get the impression ‘the Supreme Court doesn’t like me?’

Jessica Gresko and Mark Sherman of The Associated Press reports that “Rulings help moderate image of conservative Supreme Court.”

Doina Chiacu of Reuters reports that “Trump pledges new list of conservative Supreme Court contenders.” And Lawrence Hurley of Reuters reports that “Trump administration’s ‘sloppy’ work has led to Supreme Court losses.”

Eric Bradner of CNN reports that “In repeat of 2016 strategy, Trump pledges new list of justices after two stinging Supreme Court losses.” And Ariane de Vogue of CNN has a news analysis headlined “Another bad day for Trump at the Supreme Court.”

Allan Smith of NBC News reports that “Trump lashes out at Supreme Court after DACA ruling doesn’t go his way.”

Jordyn Phelps of ABC News reports that “Trump looks to use Supreme Court defeats as fuel to energize reelection campaign; The Supreme Court dealt a second blow to President Trump Thursday.”

Adam Shaw of Fox News has reports headlined “Trump calls for ‘new justices’ on Supreme Court, as conservatives rage at Roberts” and “Trump decries Supreme Court decisions as ‘shotgun blasts into the face’ of conservatives.”

Dan Mangan of CNBC reports that “Trump calls Supreme Court rulings ‘shotgun blasts into the face’ of Republicans, conservatives.”

Quint Forgey of Politico reports that “After week of Supreme Court defeats, Trump says he’ll release new shortlist of potential justices; ‘Based on decisions being rendered now, this list is more important than ever before,’ the president tweeted.”

Brett Samuels of The Hill reports that “Trump calls for ‘new justices’ on Supreme Court after unfavorable rulings.” And Harper Neidig of The Hill has a report headlined “Trump lashes out at Supreme Court after DACA ruling: ‘Shotgun blasts’ to conservatives.”

In commentary, online at Bloomberg Opinion, law professor Noah Feldman has an essay titled “John Roberts Is Done Trusting Donald Trump; The Supreme Court’s DACA ruling shows that the chief justice is no longer buying what the president is selling.”

Also online at Bloomberg Opinion, law professor Cass R. Sunstein has an essay titled “Supreme Court’s DACA Ruling Thwarts Administrative State; Both right and left should cheer a decision that checks arbitrary power of government agencies.”

Online at Slate, Mark Joseph Stern has jurisprudence essays titled “While Saving DACA, John Roberts Made It Harder to Challenge Racist Policies; Once again, the chief justice insists that public officials are acting in good faith when they strip rights from racial minorities” and “Why John Roberts Had to Block Trump’s DACA Repeal; The administration cut corners to avoid political accountability; That didn’t sit well with the chief justice.”

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court saved DACA because of a paperwork error by the Trump administration; Hundreds of thousands of immigrants get a reprieve because of the administration’s incompetence.”

Posted at 8:22 PM by Howard Bashman



“Divided Senate confirms Trump’s nominee for powerful D.C. appeals court”: Donna Cassata of The Washington Post has this report.

Brent Kendall of The Wall Street Journal reports that “Senate Confirms Judge With Ties to Mitch McConnell for D.C. Appellate Court in Party-Line Vote; Walker, only 38, has been on district court bench in Louisville less than a year.”

Ryan Lovelace of The Washington Times reports that “Senate confirms Trump judicial pick over prominent GOP defection.”

Andrew Wolfson of The Louisville Courier Journal reports that “Judge Justin Walker, McConnell protege, confirmed to nation’s second-most powerful court.”

Matthew Daly of The Associated Press reports that “Senate confirms McConnell ally to top federal appeals court.”

Jan Wolfe of Reuters reports that “U.S. Senate votes to confirm McConnell protege to influential appeals court.”

Tyler Olson of Fox News reports that “Senate confirms controversial Trump pick Justin Walker to important appeals court.”

Jennifer Bendery of HuffPost reports that “Senate Confirms Mitch McConnell’s 38-Year-Old Protege To Powerful Court Seat; Justin Walker, who has attacked the Affordable Care Act, will sit for decades on the nation’s second-most-powerful court.”

Marianne LeVine of Politico reports that “Senate confirms Trump’s pick to the D.C. Circuit; Senate Republicans and the conservative legal community lauded Trump’s decision to nominate Justin Walker.”

Jordain Carney of The Hill reports that “Senate confirms McConnell protege to D.C. Circuit.”

Chris Cioffi of Roll Call reports that “McConnell protege Justin Walker confirmed to powerful DC Circuit Court.”

Madison Alder of Bloomberg Law reports that “Senate Confirms McConnell Protege Walker to D.C. Circuit.”

And Megan Mineiro of Courthouse News Service reports that “Controversial Trump Nominee Lands DC Circuit Seat.”

Today, the U.S. Senate confirmed U.S. District Judge Justin Walker (W.D. Ky.) to serve on the U.S. Court of Appeals for the D.C. Circuit by a vote of 51-to-42.

Posted at 7:32 PM by Howard Bashman



“McConnell Nears His Benchmark; With confirmation of his protégé to a powerful court, the G.O.P. leader is on the brink of his goal to fill all vacancies at the appellate level by year’s end”: Carl Hulse has this new installment of his “On Washington” column online at The New York Times.

Posted at 6:05 PM by Howard Bashman



“Will the Supreme Court Strike a Devastating Blow to Abortion Rights?” Caitlin Moscatello has this post at “The Cut” blog of New York magazine.

Posted at 1:34 PM by Howard Bashman



“Originalism in the State Courts: Justice Tom Lee of the Utah Supreme Court on the Due Process Clause of the Utah Constitution.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:16 PM by Howard Bashman



“The problem with that big gay rights decision? It’s not really about gay rights. The triumph of ‘textualism’ led to a civil rights opinion that reads like a logic problem.” Law professor Daniel Hemel has this essay online at The Washington Post.

Posted at 1:11 PM by Howard Bashman



“Anonymous Reactions to Bostock; Right-of-center lawyers send me their to thoughts on Bostock, Blue Monday, and the Conservative Legal Movement”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:07 PM by Howard Bashman



“What Does ‘Sex’ Mean? The Supreme Court Answers; We’ll soon find out whether the court inflames the culture wars or cools them as its term winds down.” Linda Greenhouse has this essay online at The New York Times.

Posted at 12:52 PM by Howard Bashman



Access today’s ruling of the U.S. Supreme Court in an argued case: Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in large measure in Department of Homeland Security v. Regents of Univ. of Cal., No. 18-587. Justice Sonia Sotomayor issued an opinion concurring in part, concurring in the judgment in part, and dissenting in part. Justice Clarence Thomas issued an opinion concurring in the judgment in part and dissenting in part, in which Justices Samuel A. Alito, Jr. and Neil M. Gorsuch joined. And Justices Alito and Brett M. Kavanaugh each issued an opinion concurring in the judgment in part and dissenting in part. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



“In Minneapolis or Tallahassee, people of color are arrested while the wealthy white walk”: Online at The Tallahassee Democrat, Jason Solomon has this op-ed discussing the Dan Markel murder prosecutions.

Posted at 9:51 AM by Howard Bashman