How Appealing



Monday, October 5, 2020

“Justices Thomas and Alito Question Same-Sex Marriage Precedent; The justices, who dissented from the 2015 decision establishing a right to same-sex marriage, said it had cast ‘people of good will as bigots'”: Adam Liptak of The New York Times has this report.

Morgan Watkins of The Courier Journal of Louisville, Kentucky reports that “US Supreme Court justices criticize same-sex marriage ruling, call Kim Davis a ‘victim.’

Andrew Chung of Reuters reports that “U.S. Supreme Court conservatives revive criticism of gay marriage ruling.”

Tyler Olson of Fox News reports that “Justices Thomas, Alito slam Obergefell same-sex marriage decision as Supreme Court denies Kim Davis case; Alito and Thomas both dissented from the original Obergefell ruling.”

Joan Biskupic of CNN has a news analysis headlined “With court in flux, Thomas and Alito attack same-sex marriage ruling.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Two Supreme Court Justices Just Put Marriage Equality on the Chopping Block; LGBTQ rights were already in jeopardy; If Amy Coney Barrett gets confirmed, they’re likely doomed.”

Posted at 8:32 PM by Howard Bashman



“Tallahassee Trap”: Last Thursday’s broadcast of NBC’s Dateline focused on the Dan Markel murder, and you can view the episode online via this link.

Posted at 8:11 PM by Howard Bashman



“Supreme Court Opens A New Term Amid A Push For Amy Coney Barrett’s Confirmation”: Nina Totenberg had this audio segment on this evening’s broadcast of NPR’s “All Things Considered.”

Posted at 7:50 PM by Howard Bashman



“Supreme Court Starts Term With Case on the Politics of Judging; The justices considered two provisions of Delaware’s Constitution aimed at ensuring partisan balance on the state’s courts”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post has an article headlined “Fittingly, Supreme Court term starts with test of political affiliations for judges.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Opens Term With Case on Partisanship of Judges in Delaware; Court considers whether First Amendment overrides state rules limiting number of judges from each party.”

Esteban Parra of The News Journal of Wilmington, Delaware reports that “U.S. Supreme Court weighs Delaware case about politics and judgeships.”

Randall Chase of The Associated Press reports that “Supreme Court weighs political balance among Delaware judges.”

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Justices Signal Support for Delaware’s Balanced Courts.”

Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has a post titled “Supreme Court debates if challenger to Dela. judicial appointment system has right to sue.”

And Alexandra Jones of Courthouse News Service reports that “Delaware Defends Judicial Balance Rule at Supreme Court.”

You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in Carney v. Adams, No. 19-309.

Posted at 7:48 PM by Howard Bashman



“Could the Coronavirus Stop Amy Coney Barrett’s Supreme Court Confirmation?” Jane Mayer has this post online at The New Yorker.

Posted at 7:26 PM by Howard Bashman



“White House Is Not Contact Tracing ‘Super-Spreader’ Rose Garden Event; Since President Trump’s Covid diagnosis, numerous associates have tested positive, but the White House has not aggressively investigated the outbreak”: Apoorva Mandavilli and Tracey Tully of The New York Times have this report.

Posted at 6:53 PM by Howard Bashman



“Newsom names a Black, gay former judge and prosecutor to the state Supreme Court”: Maura Dolan and Patrick McGreevy of The Los Angeles Times have this report.

Bob Egelko of The San Francisco Chronicle reports that “Newsom nominates Martin Jenkins to California Supreme Court, where he would be first openly gay justice.”

And Hannah Wiley of The Sacramento Bee reports that “Gavin Newsom appoints Martin Jenkins as first openly gay, third Black man for California Supreme Court.”

Posted at 3:38 PM by Howard Bashman



“Justices Thomas, Alito slam Obergefell same-sex marriage decision as Supreme Court denies Kim Davis case; Alito and Thomas both dissented from the original Obergefell ruling”: Tyler Olson of Fox News has this report.

Posted at 3:15 PM by Howard Bashman



“Supreme Court President Lord Reed wants more diversity in Supreme Court; The new Supreme Court president says he hopes a justice from an ethnic minority background will be appointed before his retirement in six years’ time”: Clive Coleman of BBC News has this report.

Posted at 1:32 PM by Howard Bashman



“This Supreme Court Term Will End With Either Catastrophe or 13 Justices; If Amy Coney Barrett is seated before the election, Democrats will need to act quickly”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 1:30 PM by Howard Bashman



“How Century-Old Telephones Connect to the Supreme Court’s Big Tech Case; Nineteenth-century technology and the software case Google v. Oracle“: Charles Duan has this Future Tense essay online at Slate.

Posted at 1:25 PM by Howard Bashman



“Supreme Court will not hear Kim Davis same-sex marriage case”: Robert Barnes of The Washington Post has this report.

Alex Swoyer of The Washington Times reports that “Supreme Court rejects appeal of former Kentucky clerk sued for refusing same-sex marriage licenses.”

Greg Stohr of Bloomberg News reports that “High Court Rebuffs Clerk Who Withheld Gay-Marriage Licenses.”

Pete Williams of NBC News reports that “Supreme Court rejects appeal from county clerk who wouldn’t issue marriage licenses to same-sex couples; Two of the conservative justices, however, said the 2015 ruling making same-sex marriage the law of the land amounted to a ‘cavalier treatment of religion.’

Ariane de Vogue and Chandelis Duster of CNN report that “Justices Thomas and Alito lash out at the decision that cleared way for same-sex marriage.”

And John Kruzel of The Hill reports that “Supreme Court rejects bid by ex-Kentucky clerk who defied gay marriage ruling to block lawsuit.”

Posted at 1:10 PM by Howard Bashman



“Trump’s New Supreme Court Is Coming for the Next Dozen Elections”: Richard L. Hasen has this post at the “Intelligencer” blog of New York magazine.

Posted at 12:55 PM by Howard Bashman



“The Election And A Fresh Obamacare Challenge Loom Over New Supreme Court Term”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 12:51 PM by Howard Bashman



“We binge-watched 15 hours of Amy Barrett’s speeches. Here’s what we learned about her judicial philosophy.” Nick Penzenstadler and Kevin McCoy of USA Today have this report.

Posted at 12:48 PM by Howard Bashman



“Ruth’s Army: R.B.G.’s Former Clerks Show Up; At the Supreme Court Justice’s funeral, more than a hundred people who clerked for her gathered, in dark suits and masks, and took shifts standing vigil by her casket for two days and nights.” Law professor Jay Wexler has this essay in the Talk of the Town section of the October 12, 2020 issue of The New Yorker.

Posted at 10:12 AM by Howard Bashman



“Big Law Emerging as Pipeline for Female Supreme Court Advocates”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 9:53 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases, but the Court did request the views of the Solicitor General’s office in three cases.

In Davis v. Ermold, No. 19-926, Justice Clarence Thomas issued a statement, in which Justice Samuel A. Alito, Jr. joined, respecting the denial of certiorari.

In Kaur v. Maryland, No. 19–1045, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari.

And in Henness v. DeWine, No. 20–5243, Justice Sotomayor issued a statement respecting the denial of certiorari.

Posted at 9:40 AM by Howard Bashman