How Appealing



Tuesday, July 28, 2020

“John Roberts strikes again. Conservatives should be furious.” Columnist Henry Olsen has this essay online at The Washington Post.

Posted at 9:57 PM by Howard Bashman



“Trump to extend current DACA protections, reject new applications after Supreme Court knockdown”: John Fritze and David Jackson of USA Today has this report.

Posted at 9:54 PM by Howard Bashman



“Sen. Hawley roils GOP court watchers with declaration he will only vote for nominees who oppose Roe; Hawley’s comments indicate a split among Republicans on how to handle Supreme Court nominations”: Tyler Olson of Fox News has this report.

Posted at 9:46 PM by Howard Bashman



“When Conservative Justices Revolt: Donald Trump promised religious voters that he would protect them with his Supreme Court appointments; The justices are not necessarily playing along.” Emma Green of The Atlantic has this report.

Posted at 9:40 PM by Howard Bashman



“Leaks From the Supreme Court, Part II: Justice Gorsuch Look Decisive and In Control. Yesterday was pro-Chief Justice Roberts day on CNN. Today is pro-Justice Gorsuch day. Justice Kagan is lurking in the background.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:05 PM by Howard Bashman



“Trump’s Next Supreme Court List Could Be Really Extreme”: Ed Kilgore has this post at the “Intelligencer” blog of New York Magazine.

Posted at 3:44 PM by Howard Bashman



“‘Dumb, dumb, dumb!’ my Grandpa Harold would exclaim when I tried to explain a legal concept that made little sense.” So begins a concurring opinion that Ninth Circuit Judge John B. Owens issued today.

Not sure what to make of the third paragraph of Judge Owens’s concurring opinion, however:

We should avoid doing dumb things. Especially ones that are dumb3.

The call for footnote 3 is also puzzling, as the concurrence contains no footnotes (let alone three), and the majority opinion contains way more than three footnotes. (Perhaps this is some movie dialogue reference as to which I’m sadly unfamiliar?)

Update: A reader emails to opine that “3” is not a footnote but rather an exponent, meaning dumb to third power. That helps explain things. I plead guilty to being dumb to the second power for not recognizing that originally. (I might have spelled it out as “dumb cubed,” but then no one has appointed me to the Ninth Circuit.)

Second update: Dumb to the third power confirmed by the opinion’s author. And here’s the grandfather to whom the opinion refers.

Posted at 2:54 PM by Howard Bashman



“How Have Judges Responded To The Press? Chief Justice Marshall wrote pseudonymous editorials after McCulloch v. Maryland. Justice Stewart wrote a letter to the editor of the WSJ after Jones v. Alfred H. Mayer Company.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:30 AM by Howard Bashman