How Appealing



Wednesday, June 17, 2020

“Why Scalia should have loved the Supreme Court’s Title VII decision”: George T. Conway III has this essay online at The Washington Post.

Posted at 11:38 AM by Howard Bashman



Access online the audio of yesterday’s oral argument before a three-judge panel of the Third Circuit in an appeal asserting that New Jersey’s restrictions on large capacity ammunition magazines violates the Second Amendment: The audio of yesterday’s oral argument in Ass’n New Jersey Rifle et al. v. Attorney General New Jersey can be accessed via this link.

Posted at 10:52 AM by Howard Bashman



“Penn State ex-president argues conviction properly tossed”: Mark Scolforo of The Associated Press has this report.

And Quincey Reese of The Daily Collegian, the student newspaper of Penn State University, reports that “Federal Court of Appeals questions former Penn State President Graham Spanier’s child endangerment charges.”

The audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Third Circuit is not yet available online.

Posted at 10:41 AM by Howard Bashman



“The Obscure Supreme Court Decision the Trump Administration Could Use to Gut the First Amendment; The president may not be able to control what content Twitter and Facebook run, but he can still attempt to intimidate or silence the platforms”: Law professor Garrett Epps has this essay online at The Atlantic.

Posted at 10:30 AM by Howard Bashman



“How the Supreme Court Is Quietly Enabling Trump; Using emergency relief at the court, the administration has imposed controversial policies without a final determination of their legality”: Law professor Stephen I. Vladeck has this essay online at The New York Times.

Posted at 10:15 AM by Howard Bashman



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



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