How Appealing



Friday, October 16, 2020

“Which Constitution Is Amy Coney Barrett Talking About? Her originalism ignores the significance of the second American Revolution.” Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 10:09 PM by Howard Bashman



“Military Names Air Force Judge for Guantánamo Bay 9/11 Trial. But There’s a Snag. The latest judge assigned to the long-running death penalty case is based in Virginia and has had a military career focused on defense work, but he has been on the bench for less than two years.” Carol Rosenberg of The New York Times has this report.

Posted at 10:00 PM by Howard Bashman



“Sixth Circuit Revives Kentucky Abortion Clinic Transfer Rule”: Kevin Koeninger of Courthouse News Service has a report that begins, “A divided panel of appellate judges on Friday reinstated restrictions that require abortion providers in Kentucky to obtain written transfer agreements with hospitals, a decision opponents say could leave the state without a licensed provider.”

My earlier coverage of today’s Sixth Circuit ruling appears at this link.

Posted at 6:52 PM by Howard Bashman



“G.O.P.-Appointed Judges Threaten Democracy, Liberals Seeking Court Expansion Say; A new study found a partisan pattern in rulings that could make it easier or harder to vote, fueling a debate among Democrats over court packing”: Charlie Savage of The New York Times has this report.

Posted at 6:48 PM by Howard Bashman



“Because no opinion in June Medical Services garnered a majority, we, as a lower court, have the ‘vexing task’ of deciding which opinion controls.” So writes Sixth Circuit Judge Joan L. Larsen in an opinion issued today in Kentucky’s appeal from a district court’s permanent injunction against one of that state’s laws regulating abortion.

Circuit Judge Eric L. Clay issued a lengthy and spirited dissent that begins, “Today, the majority openly disregards our standard of review and discards binding precedent. In doing so, it condones the evisceration of the constitutional right to abortion access in Kentucky.”

Posted at 4:38 PM by Howard Bashman



“Baker’s legacy is on the line with SJC picks; Baker must seize the opportunity to make the state’s highest court truly reflect the diverse state it serves”: Columnist Rachelle G. Cohen has this op-ed in today’s edition of The Boston Globe.

Posted at 4:28 PM by Howard Bashman



“Amy Coney Barrett’s cardboard-cutout proceedings: She said almost nothing, at considerable length.” Columnist Scot Lehigh has this op-ed in today’s edition of The Boston Globe.

Also online at that newspaper, columnist Joan Vennochi has an essay titled “Will ‘the law of Amy’ — or ‘the law of the American people’ — guide Barrett? The track record of the Supreme Court nominee suggests she is ideologically positioned to do exactly what Trump is nominating her to do.”

Posted at 4:16 PM by Howard Bashman