How Appealing



Thursday, October 29, 2020

“Why the Supreme Court let some states count mail-in ballots received after Election Day but not others”: Ariane de Vogue of CNN has this report.

Posted at 7:50 PM by Howard Bashman



“The New Court’s Docket; Not all constitutional cases of enduring consequence make the front page”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 5:44 PM by Howard Bashman



Wednesday, October 28, 2020

“Supreme Court Allows Longer Deadlines for Absentee Ballots in Pennsylvania and North Carolina; Republicans in both states opposed the extensions; Justice Amy Coney Barrett, who joined the court on Tuesday, did not participate in either case, saying she had not had time to fully review the briefs”: Adam Liptak of The New York Times has this report.

You can access today’s U.S. Supreme Court orders here and here.

Posted at 10:03 PM by Howard Bashman



“Want Nonpartisan Court Reform? Add 4 Liberal Justices.” Eric Levitz has this post at the “Intelligencer” blog of New York Magazine.

Posted at 8:20 PM by Howard Bashman



“Rep. Ro Khanna thinks he has answer to Supreme Court turmoil — term limits”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 8:14 PM by Howard Bashman



“Baker nominates Kimberly Budd as chief justice”: Matt Stout of The Boston Globe has an article that begins, “Governor Charlie Baker on Wednesday nominated Kimberly S. Budd to be chief justice of the Supreme Judicial Court, putting her in line to become the first Black woman to lead the state’s highest court in its 328-year history.”

Steph Solis of The Republican of Springfield, Massachusetts reports that “Massachusetts Gov. Charlie Baker seeks to elevate Judge Kimberly Budd to chief justice of the Supreme Judicial Court.”

And in commentary, online at The Boston Globe, Shirley Leung has an essay titled “Kimberly Budd is the right choice to be chief justice of the Supreme Judicial Court; She is beyond qualified, and Governor Baker was wise to look past another candidate’s political connections.”

Posted at 8:06 PM by Howard Bashman



“Barrett Joins Court With Critical Ballot Cases Pending; North Carolina, Pennsylvania decisions expected with court back at full strength”: Jess Bravin and Brent Kendall of The Wall Street Journal have this report.

Posted at 1:10 PM by Howard Bashman



“The Cases Where Amy Coney Barrett’s Presence On The Supreme Court Could Make A Difference Immediately”: Amelia Thomson-DeVeaux has this post at FiveThirtyEight.

Posted at 12:30 PM by Howard Bashman



“Kavanaugh’s Opinion in Wisconsin Voting Case Raises Alarms Among Democrats; The Supreme Court justice’s suggestion that ballots arriving after Election Day could ‘flip the results’ left voting rights activists concerned about how the court might rule in postelection fights”: Jim Rutenberg and Nick Corasaniti have this front page news analysis in today’s edition of The New York Times.

Posted at 12:24 PM by Howard Bashman



“As Supreme Court Weighs Election Cases, a New Life for Bush v. Gore; After two decades of legal obscurity, the ruling that handed the 2000 election to George W. Bush is getting fresh attention”: Adam Liptak of The New York Times has this report.

Posted at 12:20 PM by Howard Bashman



Tuesday, October 27, 2020

“How an anti-democratic Constitution gave America Amy Coney Barrett; The Republican Supreme Court was brought to you by a malapportioned Senate and the Electoral College”: Ian Millhiser has this essay online at Vox.

Posted at 8:45 PM by Howard Bashman



“With Justice Barrett, Is the End Near for Racial Preferences? A new majority may stop equivocating on affirmative action, which has impeded black mobility.” Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:32 PM by Howard Bashman



“Amy Coney Barrett joins a Supreme Court that’s largely out of step with the national consensus”: Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.

Posted at 8:07 PM by Howard Bashman



“Why a New Abortion Ban in Poland is Causing a Furor: The ruling party has tried and failed in the Parliament to restrict abortion; Now the courts it controls have done it, instead, sparking the biggest protests since the government came to power.” Monika Pronczuk of The New York Times has an article that begins, “Tens of thousands of Poles have defied Covid-19 restrictions to protest against a new high court ruling that imposes a near-total ban on abortion, blocking major roads and bridges and chanting anti-government slogans.”

Posted at 8:02 PM by Howard Bashman



“The Supreme Court Wants to Determine Who Votes and Who Wins; As Amy Coney Barrett was sworn in, the other justices made their intentions clear”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 7:44 PM by Howard Bashman



“4 upcoming Supreme Court cases will reveal who Amy Coney Barrett really is; We know she’s conservative; We don’t yet know if she’s a nihilist”: Ian Millhiser has this essay online at Vox.

Posted at 7:35 PM by Howard Bashman



“Trump Broke the Supreme Court, Too; Amy Coney Barrett’s arrival strips away even the pretense of neutrality or nonpartisanship”: Andrew Cohen has this essay online at The Washington Spectator.

Posted at 7:26 PM by Howard Bashman



“Kavanaugh has wild ideas about voting. They likely won’t matter on Election Day. The Supreme Court’s recent rulings don’t mean the justices will decide the presidential race.” Law professor Richard L. Hasen has this essay online at The Washington Post.

Posted at 4:54 PM by Howard Bashman



“Trump is the greatest president in the modern era when it comes to shaping the judiciary”: Columnist Marc A. Thiessen has this essay online at The Washington Post.

Posted at 4:50 PM by Howard Bashman



“Harvard-Yale Duopoly on Clerks Doesn’t Fit Barrett’s Background”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 2:50 PM by Howard Bashman



“The Amy Coney Barrett Hail-Mary Touchdown: Republicans understand that Barrett’s confirmation is coming just a week before a potential electoral ‘bloodbath’; They don’t care.” Emma Green of The Atlantic has this report.

Posted at 2:11 PM by Howard Bashman



“Amy Coney Barrett’s Confirmation Is Proof That Norms Are Dead”: Sarah Jones has this post at the “Intelligencer” blog of New York Magazine.

Posted at 2:08 PM by Howard Bashman



“How Democrats Can Learn Hardball From the Republicans of 1861; Sometimes restoring democracy requires rewriting the rules”: Joshua Zeitz has this essay online at Politico Magazine.

Posted at 2:04 PM by Howard Bashman



“Justice Amy Coney Barrett Is Sworn In Under Darkness at the White House”: Amy Davidson Sorkin has this post online at The New Yorker.

Posted at 1:44 PM by Howard Bashman



“How to Fix the Supreme Court”: The New York Times has posted online a series of seven essays along with an introduction from Emily Bazelon titled “How We Got Here.”

Law professor Kent Greenfield has an essay titled “Create a New Court.”

Law professor Steven G. Calabresi has an essay titled “Give Justices Term Limits.”

Melody Wang has an essay titled “Don’t Let the Court Choose Its Cases.”

Law professor Aaron Tang has an essay titled “(Threaten) to Pack the Courts.”

Larry Kramer has an essay titled “Pack the Courts.”

Law professor Leah Litman has an essay titled “Expand the Lower Courts.”

And law professor Randy Barnett has an essay titled “Keep the Courts the Same.”

Posted at 1:32 PM by Howard Bashman



“The Republican Party’s Supreme Court; The quest to entrench political conservatism in the country’s highest court comes with a steep cost”: This editorial appears in today’s edition of The New York Times.

Posted at 1:14 PM by Howard Bashman