How Appealing



Monday, February 22, 2021

“Republicans’ New Strategy Is to Pretend Trump Never Happened; At Merrick Garland’s confirmation hearing, GOP senators remembered to be very upset about the Obama years”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 10:22 PM by Howard Bashman



“Supreme Court reexamines Florida-Georgia water rights case; Justices press both sides on different interpretations of facts”: Tamar Hallerman of The Atlanta Journal-Constitution has this report.

Mark Sherman of The Associated Press has a report headlined “Second high court hearing for Florida-Georgia water war.”

Ellen M. Gilmer of Bloomberg Law reports that “Supreme Court Weighs Blame in Georgia, Florida Water War.”

Kayla Goggin of Courthouse News Service reports that “Florida and Georgia Face Off at Supreme Court Over Water Rights; Florida asked the justices to cap Georgia’s use of water in the Apalachicola-Chattahoochee-Flint River Basin, arguing the Peach State is using more than its fair share and causing devastation to its southern neighbor’s oyster fisheries.”

Jim Saunders of News Service of Florida reports that “U.S. Supreme Court weighs arguments in water battle between Florida and Georgia.”

Dave Williams of Capitol Beat News Service reports that “U.S. Supreme Court hears Florida-Georgia water dispute.”

Jeremy P. Jacobs of E&E News reports that “Justices struggle with oystermen’s claims in water dispute.”

Ariana Figueroa of Florida Phoenix reports that “Florida-Georgia water wars case heard by U.S. Supreme Court.”

And today’s broadcast of WBUR’s “Here & Now” contained an audio segment titled “Florida, Georgia Go To Supreme Court Over Water Rights.”

You can access via this link the audio and transcript of today’s U.S. Supreme Court oral argument in Florida v. Georgia, No. 142, Orig.

Posted at 8:56 PM by Howard Bashman



“FBI Seized Congressional Cellphone Records Related to Capitol Attack; The inclusion of congressional phone data in the FBI investigation raises thorny constitutional questions”: Ken Klippenstein and Eric Lichtblau of The Intercept have this report.

Posted at 8:26 PM by Howard Bashman



“Supreme Court Won’t Hear Pennsylvania Election Case on Mailed Ballots; In dissent, three justices said the court should have used the case to provide guidance in future elections”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court refuses to hear a GOP election case from Pennsylvania.”

Kristine Phillips and John Fritze of USA Today report that “Supreme Court won’t hear 2020 election case that questioned some Pennsylvania ballots.” In addition, Fritze reports that “Dissent by Justice Thomas in election case draws fire for revisiting baseless Trump fraud claims.”

Alex Swoyer of The Washington Times reports that “Supreme Court rejects Pennsylvania GOP mail-in ballot challenge.”

Jonathan Lai of The Philadelphia Inquirer reports that “U.S. Supreme Court won’t hear Pa. mail-ballot deadline case as election challenges meet dead end; The decisions deny a Republican attempt to severely limit courts’ ability to oversee how elections are run.”

Julian Routh of The Pittsburgh Post-Gazette reports that “Supreme Court refuses to hear Rep. Kelly’s petition on constitutionality of Pa.’s mail voting law.”

And Ed Palattella of The Erie Times-News reports that “Supreme Court rejects US Rep. Mike Kelly’s election appeal; he calls ruling ‘astounding.’

Posted at 8:10 PM by Howard Bashman



“Supreme Court to Hear Cases on Abortion Referrals and Immigration; The cases, both challenges to Trump administration initiatives, may become moot if the Biden administration reverses course”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court agrees to hear challenges to Trump’s abortion, green-card rules.”

Brent Kendall of The Wall Street Journal reports that “Supreme Court to Review Trump-Era Policies on Family-Planning Funding, Immigration; Justices to take up cases even as the Biden administration reconsiders the two initiatives.”

John Fritze of USA Today reports that “Supreme Court to hear challenges to abortion, immigration rules held over from Trump administration.”

Alex Swoyer of The Washington Times reports that “Supreme Court to hear case over federal funding for abortion.”

Mark Sherman of The Associated Press reports that “Court to take up Trump immigration, abortion referral rules.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court to weigh Trump administration abortion referral restriction.” And Andrew Chung of Reuters reports that “U.S. Supreme Court to review a hardline Trump immigration rule.”

Greg Stohr of Bloomberg News reports that “Supreme Court Agrees to Consider Trump Abortion-Counseling Rule” and “Supreme Court Says It Will Consider Trump Immigrant Wealth Test.”

Jessie Hellmann of The Hill reports that “Supreme Court to hear challenge on family planning program.” And Rebecca Beitsch of The Hill reports that “Supreme Court to hear challenge to Trump ‘public charge’ rule.”

Posted at 7:52 PM by Howard Bashman



“The Journal of Free Speech Law, a New Faculty-Edited Law Journal”: Eugene Volokh has this post at “The Volokh Conspiracy” about a new faculty-edited law journal whose website you can access here.

Posted at 10:20 AM by Howard Bashman



“Supreme Court Refuses to Hear Cases Over Conduct of Election in Pennsylvania, With Justices Alito, Gorsuch and Thomas Dissenting: A Ticking Time Bomb To Go Off in a Later Case.” Rick Hasen has this post at his “Election Law Blog.”

Posted at 10:04 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in five cases that will result in three hours of oral argument.

In Bridge Aina Le’a, LLC v. Hawaii Land Use Commission, No. 20-54, Justice Clarence Thomas issued a dissent from the denial of certiorari.

And in Republican Party of Pa. v. Degraffenreid, No. 20–542, Justice Thomas issued a dissent from the denial of certiorari and Justice Samuel A. Alito, Jr. issued a dissent from the denial of certiorari, in which Justice Neil M. Gorsuch joined.

Posted at 9:32 AM by Howard Bashman



“On Federal Appeals Courts, a Spike in Partisanship; Partisan alignments used to be rare when full appeals courts reconsidered the decisions of three-judge panels; But that changed in the Trump era”: Adam Liptak of The New York Times will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

The article reports on a forthcoming law review article titled “Weaponizing En Banc,” written by law professors Neal Devins and Alli Orr Larsen.

Posted at 9:06 AM by Howard Bashman



Sunday, February 21, 2021

“Federal judges call for increased security after threats jump 400% and one judge’s son is killed; Judge Esther Salas was in her New Jersey home when a gunman targeting Salas opened fire on her family, killing her son and wounding her husband; Now she’s fighting for better protection of judges”: Bill Whitaker had this video segment on this evening’s broadcast of the CBS News program 60 Minutes.

60 Minutes has also posted online a related item titled “U.S. Judge Esther Salas tells her story on 60 Minutes; Federal Judge Salas’s son Daniel was killed by a former plaintiff who previously appeared in front of the judge.”

Posted at 8:40 PM by Howard Bashman



“Oklahoma City bombing provides insights into how Garland would run Justice Department”: Del Quentin Wilber of The Los Angeles Times has this report.

Sadie Gurman of The Wall Street Journal reports that “Justice Pick Merrick Garland to Promise Confronting Extremist Violence; President Biden’s nominee for U.S. attorney general faces Senate confirmation hearing Monday.”

Michael Balsamo of The Associated Press has a report headlined “Snubbed as Obama high court pick, Garland in line to be AG.”

And Carrie Johnson of NPR reports that “Merrick Garland Heads For Confirmation Hearing, 5 Years After He Was Denied A Vote.”

Posted at 10:45 AM by Howard Bashman



“Incitement Case Against Trump for Capitol Riot Would Present Challenges; Legal experts say a prosecution could be an uphill battle”: Brent Kendall of The Wall Street Journal has this report.

Posted at 10:33 AM by Howard Bashman



“How Democrats Are Already Maneuvering to Shape Biden’s First Supreme Court Pick; The president’s promise to nominate a Black woman to the court has set off efforts to champion candidates and convince the White House to forego the usual elite credentials”: Jonathan Martin of The New York Times has this report.

Posted at 10:30 AM by Howard Bashman



Saturday, February 20, 2021

“Meet SG3: The Élite Legal Squad That Vowed to Safeguard the Election; Calling themselves the Three Amigos, a self-appointed legal SWAT team of former Solicitors General ran through all the Doomsday scenarios they could think of — except armed insurrection at the Capitol.” Jane Mayer will have this Talk of the Town item in the March 1, 2021 issue of The New Yorker.

Posted at 8:50 PM by Howard Bashman



“Merrick Garland Faces Resurgent Peril After Years Fighting Extremism; The fallout from the Capitol attack and the shadow of the 1995 Oklahoma City bombing are likely to take center stage at the confirmation hearings for President Biden’s pick for attorney general”: Mark Leibovich will have this article in Sunday’s edition of The New York Times.

Matt Zapotosky and Ann E. Marimow of The Washington Post report that “How the Oklahoma City bombing case prepared Merrick Garland to take on domestic terrorism.”

And Jeff Mordock of The Washington Times reports that “Biden’s AG nominee on hot seat with left’s racial justice warriors.”

Posted at 8:44 PM by Howard Bashman



Friday, February 19, 2021

“Prime Minister launches process to select the next justice of the Supreme Court of Canada”: Canadian Prime Minister Justin Trudeau issued this news release today.

Posted at 3:27 PM by Howard Bashman



“Constitutional amendment on districts for Pa. court elections shelved . . . for now”: J.D. Prose of The Beaver County Times has a report that begins, “A proposed constitutional amendment to have Pennsylvania appellate court judges elected by geographic districts rather than statewide won’t be on the May primary ballot, but nobody on either side thinks that it’s a dead issue.”

Posted at 3:21 PM by Howard Bashman



“Merrick Garland, Biden’s Pick for Attorney General, Will Finally Get His Hearing; Justice Department veterans hope his appointment will bring a steady hand after a tumultuous period”: Jess Bravin and Sadie Gurman of The Wall Street Journal have this report.

In addition, Gurman has an article headlined “Garland’s Focus on Domestic Terrorism Was Forged in Oklahoma City Bombing; Attorney general nominee led that investigation and that of the Unabomber.”

Posted at 1:23 PM by Howard Bashman



“Federal judge whose son was killed in attack says gunman targeted Sonia Sotomayor; U.S. District Judge Esther Salas says the FBI found evidence the man who killed her son targeted Supreme Court Justice Sonia Sotomayor”: The CBS News program 60 Minutes has this report.

In other coverage, Robert Barnes of The Washington Post reports that “Judge says gunman who killed her son also targeted Justice Sotomayor.”

And Ariane de Vogue of CNN reports that “Justice Sonia Sotomayor was targeted by gunman, federal judge tells ’60 Minutes.’

Posted at 1:07 PM by Howard Bashman



“Supreme Court considers warrantless search-and-seizure case from California”: Mark Walsh has this report online at ABA Journal.

Posted at 1:00 PM by Howard Bashman



“Supreme Court asked to decide if use of racial slur amounts to illegal discrimination; An employee alleges that he was repeatedly exposed to uses of the slur at his workplace”: Pete Williams of NBC News has this report.

Posted at 12:57 PM by Howard Bashman



“Supreme Court takes ‘go-slow’ approach on divisive issues as the rest of Washington reels”: John Fritze of USA Today has this report.

Posted at 12:55 PM by Howard Bashman



“Biden’s attorney general pick Garland to prioritize civil rights, combating domestic terror”: Sarah N. Lynch of Reuters has this report.

Posted at 11:18 AM by Howard Bashman



Thursday, February 18, 2021

“U.S. Supreme Court will consider Rep. Kelly’s petition over Pa. mail-in voting law”: Julian Routh of The Pittsburgh Post-Gazette has this report.

Posted at 9:50 PM by Howard Bashman



“House Democrats and White House Split Over Lawsuit for Ex-Trump Aide’s Testimony; President Biden has inherited litigation over a subpoena to Donald F. McGahn II, President Donald J. Trump’s former lawyer, about the Russia investigation”: Charlie Savage will have this article in Friday’s edition of The New York Times.

Posted at 9:40 PM by Howard Bashman