How Appealing



Sunday, November 1, 2020

“Man whose Supreme Court case turned much of Oklahoma criminal jurisdiction on its head heads to trial this week”: Curtis Killman of The Tulsa World has an article that begins, “Jimcy McGirt, whose name rose to prominence this summer when he won a landmark Supreme Court decision that acknowledged that the Muscogee (Creek) Nation’s historical reservation boundaries were never dissolved, will be retried this week in Muskogee federal court.”

Posted at 9:52 PM by Howard Bashman



“One theory by one justice binds together Supreme Court’s contradictory election opinions”: Robert Barnes of The Washington Post has this report.

Posted at 9:48 PM by Howard Bashman



“Affirmative action divides Asian Americans, UC’s largest overrepresented student group”: Teresa Watanabe and Jennifer Lu have this article in today’s edition of The Los Angeles Times.

Posted at 8:50 PM by Howard Bashman



“Voters and the Other Supreme Courts: Justices are on the ballots in 31 states; Most races are ‘nonpartisan’ but political.” Allysia Finley will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 8:14 PM by Howard Bashman



“Texas court rejects bid to toss 127,000 Harris County votes, but fight isn’t over”: Chuck Lindell of The Austin American-Statesman has an article that begins, “The Texas Supreme Court on Sunday rejected, without comment, a bid by three Republican candidates and a GOP activist to toss out almost 127,000 votes cast from drive-thru lanes in the emerging Democratic stronghold of Harris County.”

Posted at 5:28 PM by Howard Bashman



“Conservative Supreme Court justices are threatening a post-election coup; They are pushing a theory that makes a mockery of America’s constitutional design”: Law professor Laurence H. Tribe and Steven V. Mazie have this essay online at The Boston Globe.

And in today’s edition of The Boston Globe, Caleb Gayle has an essay titled “How Trump’s judges are eroding voting rights; Conservative judges are overturning lower-court decisions expanding ballot access; In the process, they’re upending longstanding norms about who determines the facts.”

Posted at 3:37 PM by Howard Bashman



“What Are the Odds of a Disputed Election? Pretty High. The Electoral College makes it more likely that we’ll see the vote hinge on ballot-counting rules.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 3:30 PM by Howard Bashman



“Our biggest Election Day concern”: Law professors Richard H. Pildes and Richard L. Hasen have this essay online at CNN.

In addition, in Saturday’s edition of The Wall Street Journal, Pildes had an essay titled “Early and Mail-In Voting for 2020 Election Expands Dramatically Despite Legal Fights; Amid challenges posed by the coronavirus and concerns about ballot accessibility, turnout is headed for a 100-year high.”

And online at The Conversation, Pildes has an essay titled “Why there’s so much legal uncertainty about resolving a disputed presidential election.”

Posted at 3:25 PM by Howard Bashman



“Barrett’s ‘Originalism’ Can Be Pure Politics; It’s a myth, even an affront, to say that in the hardest cases, judges can always ‘apply the law as written'”: Law professor Cass R. Sunstein recently had this essay online at Bloomberg Opinion.

Posted at 3:15 PM by Howard Bashman



“Charting the Long-Term Impact of Trump’s Judicial Appointments; Beyond the Supreme Court, not only has President Donald Trump appointed judges at a quicker pace than his predecessor, he’s appointing younger judges who may serve for many more years”: Moiz Syed of ProPublica has this report.

Posted at 3:06 PM by Howard Bashman



“Overturning the ACA Could Result in 68,000 Deaths; A new study shows that millions of American have already lost their health care under Trump”: Sharon Lerner of The Intercept has this report.

Posted at 2:18 PM by Howard Bashman



“Why Bush v. Gore Still Matters in 2020: The Supreme Court decision that handed the 2000 election to George W. Bush is widely believed not to be a precedent, yet it’s been cited in hundreds of federal and state cases since; It could play a role in this year’s election, too.” Ian MacDougall has this report online at ProPublica.

Posted at 2:16 PM by Howard Bashman



“Honoring Her Wish: In conversation with Ruth Bader Ginsburg’s granddaughter, ACLU fellow Clara Spera.” Irin Carmon has this post at the “Intelligencer” blog of New York Magazine.

Posted at 2:14 PM by Howard Bashman



“Rivals in landmark marriage equality suit: We are both voting for Biden.” Jim Obergefell and Richard Hodges have this essay online at CNN.

Posted at 2:10 PM by Howard Bashman



“Trump vs. Biden on the Supreme Court: Where they stand; The Supreme Court has turned into a major election issue in 2020.” Ronn Blitzer of Fox News has this report.

Posted at 2:02 PM by Howard Bashman



“More conservative Supreme Court faces major dispute pitting religious freedom against LGBTQ rights”: Richard Wolf of USA Today has this report.

Posted at 2:00 PM by Howard Bashman



“These attorneys remade the Supreme Court. Now they’re fighting to limit voting. They’re the same activists who have pushed the Supreme Court and the federal judiciary to the right.” Lisa Riordan Seville of NBC News has this report.

Posted at 1:56 PM by Howard Bashman