How Appealing



Thursday, December 17, 2020

“US Supreme Court declines to review Beshear’s order halting in-person classes at religious schools”: Billy Kobin and Joe Sonka of The Courier Journal of Louisville, Kentucky has this report.

Jack Brammer and Daniel Desrochers of The Lexington Herald Leader report that “U.S. Supreme Court declines to block Beshear’s order shutting Kentucky schools.”

Adam Liptak of The New York Times reports that “Supreme Court Rejects Religious School’s Challenge to Kentucky Virus Order; The governor had ordered all of the state’s K-12 schools, whether public or private, to close temporarily to combat the coronavirus pandemic.”

Richard Wolf of USA Today reports that “Supreme Court denies religious school challenge to Kentucky’s expiring COVID-19 restrictions.”

You can access today’s order of the U.S. Supreme Court, and the dissents therefrom, at this link.

Posted at 7:00 PM by Howard Bashman



“Trump Filled The Courts With Conservative Judges. It Won’t Be As Easy For Biden To Do The Same With Liberal Ones. Biden will inherit far fewer judicial vacancies than Trump did when he takes office, but liberals are pinning their hopes on a wave of Clinton-appointed judges stepping down.” Zoe Tillman of BuzzFeed News has this report.

Posted at 6:48 PM by Howard Bashman



“McLaughlin announces run for Pa. Supreme Court”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has this report.

Posted at 4:33 PM by Howard Bashman



“Supreme Court to Rule on N.C.A.A. Limits on Paying College Athletes; An appeals court said restrictions on compensation tied to education violated federal antitrust laws”: Adam Liptak of The New York Times has this report.

Robert Barnes and Rick Maese of The Washington Post report that “Supreme Court will hear NCAA dispute over compensation for student-athletes.”

David G. Savage of The Los Angeles Times reports that “Supreme Court to decide whether NCAA can refuse pay for football and basketball stars.”

Brent Kendall, Louise Radnofsky, and Laine Higgins of The Wall Street Journal report that “Supreme Court to Hear NCAA Antitrust Case on College-Athlete Compensation; Justices agree to take up NCAA appeal of ruling that it unlawfully limited competition for college athletes.”

And Steve Berkowitz of USA Today reports that “Supreme Court says it will hear case challenging NCAA’s athlete-compensation rules.”

Posted at 4:10 PM by Howard Bashman



“John Roberts’ self-defeating attempt to make the court appear nonpolitical: His obviously strategic opinions have infuriated the right — and emboldened the left.” Varad Mehta and law professor Adrian Vermeule have this essay online at The Washington Post.

Posted at 3:35 PM by Howard Bashman



“Wisconsin Supreme Court questions capacity limits order”: Scott Bauer of The Associated Press has a report that begins, “Wisconsin Supreme Court justices on Thursday questioned the legality of an order issued by the state’s top health official limiting how many people can gather in bars and restaurants given the court’s decision earlier this year that a similar order needed legislative approval.”

Posted at 1:30 PM by Howard Bashman



“Restoring In-Person Arguments a Top Priority for Commonwealth Court’s New President Judge; Judge P. Kevin Brobson, who was chosen through mail-in balloting, said he wants to continue the dialogue the court has with the bar, and hopes to expand the court’s use of social media”: Max Mitchell of The Legal Intelligencer has this report.

Posted at 1:20 PM by Howard Bashman



“The first abortion case of the Amy Coney Barrett era is now before the Supreme Court; The Court’s new majority has its first chance to take a shot at Roe v. Wade”: Ian Millhiser has this essay online at Vox.

Posted at 1:12 PM by Howard Bashman



“Thank the Supreme Court, for Now: The justices did the right thing by declining to hear the case brought by red states to overturn the election results; But let’s see what happens down the road.” Linda Greenhouse has this essay online at The New York Times.

Posted at 1:10 PM by Howard Bashman



“Standing Outside the Law: Of Incoherence and How Legal Sausages are Made.” Eric Segall has this post at “Dorf on Law.”

Posted at 11:07 AM by Howard Bashman



“As Trump Leaves the White House, His Imprint on the Judiciary Deepens; Published opinions from the nation’s appeals courts this year show that Trump appointees stand out from other judges, even those named by other Republican presidents”: Rebecca R. Ruiz and Robert Gebeloff have this article in today’s edition of The New York Times.

Posted at 11:04 AM by Howard Bashman



“Courts Need To Stop Presidents From Calling Oceans ‘National Monuments’ To Illegally Put Them Off-Limits; Presidents can’t circumvent Congress by redefining legal terms or twisting ordinary language in absurd ways to suit political or personal ends”: Elizabeth Slattery has this post at The Federalist.

Posted at 10:38 AM by Howard Bashman



“Bill to restrict info about judges stumbles in Senate; Sen. Rand Paul’s attempt to expand protections to lawmakers ties up the legislation”: Josh Gerstein of Politico has this report.

Posted at 10:05 AM by Howard Bashman



“Appellate Blogging and Solo Practice | Howard Bashman”: I am fortunate to be the guest on this week’s new installment of the “Texas Appellate Law Podcast” — my first podcast appearance ever.

As I mentioned earlier this morning in this Twitter thread, it was so much fun to visit with the podcast’s two appellate practitioner hosts, D. Todd Smith and Jody Sanders. We recorded the episode a little over a month ago, on a day when I would have been in Austin, Texas attending the 2020 Appellate Judges Education Institute Summit were it not for the current pandemic, which resulted in its postponement till next year.

If you’d like to learn more about how I became an appellate lawyer and what my appellate practice consists of these days, in addition to learning about the origins of this blog, you should give the episode a listen. Plus, if you are a leading appellate lawyer, one of the first law professor blogs, or the Chief Justice of the United States, perhaps I gave you a shout-out in the episode.

Posted at 9:54 AM by Howard Bashman