How Appealing



Sunday, February 7, 2021

“Some California churches reopen after Supreme Court lifts ban on indoor services”: Alex Wigglesworth and Thomas Curwen of The Los Angeles Times have this report.

Steve Rubenstein of The San Francisco Chronicle reports that “Bay Area religious leaders have mixed reactions to Supreme Court affirmation of indoor worship.”

And Elliott Almond of The San Jose Mercury News reports that “Bay Area churches exercising caution after Supreme Court ruling; Decision will allow indoor services to resume, but amid gorgeous weather, no rush to return indoors.”

Posted at 8:52 PM by Howard Bashman



“The Constitution Doesn’t Bar Trump’s Impeachment Trial; Removal from office is best understood as akin to a ‘mandatory minimum’ sentence for a crime”: Chuck Cooper has this essay online at The Wall Street Journal.

Posted at 8:44 PM by Howard Bashman



“The Case for Plain Vanilla Gets its Day in Court; A battle over vanilla flavoring is raging in federal courts, where plaintiffs’ attorneys say items from ice cream to cake mix actually have no real vanilla at all; the Rocky Road, Tutti-frutti argument”: Corinne Ramey will have this front page article in Monday’s edition of The Wall Street Journal.

Posted at 8:35 PM by Howard Bashman



“Chief justice extends judicial emergency due to COVID-19”: Asia Simone Burns of The Atlanta Journal-Constitution has an article that begins, “Georgia’s statewide judicial emergency order is being extended for the 11th time due to the COVID-19 pandemic, according to an order signed Sunday by Georgia Supreme Court Chief Justice Harold Melton.”

You can view today’s order at this link.

Posted at 5:14 PM by Howard Bashman



“The Supreme Court Steps Up Again: The Justices partially enjoin California’s limits on religious services.” The Wall Street Journal has published this editorial.

Posted at 5:11 PM by Howard Bashman



“Some California churches hold indoor services after ruling”: Christopher Weber of The Associated Press has this report.

According to the article, “Che Ahn, Harvest Rock’s senior pastor, told his congregation that the church would defy the ban on singing. . . . ‘Fifty percent of worship is singing. We’re gonna sing no matter what,’ Ahn said at the beginning of the service Sunday. . . . Worshippers without masks could be seen on the livestream raising their arms and singing out loud. It wasn’t clear how many people were inside the church, which seats hundreds.”

Posted at 5:02 PM by Howard Bashman



“Man released from life sentence ordered back to prison”: Ed White of The Associated Press has a report that begins, “A Detroit-area man released from a life sentence because of the risk of COVID-19 has been ordered back to prison by a federal appeals court.”

Posted at 9:51 AM by Howard Bashman



Saturday, February 6, 2021

“Harvard could find an ally in the DOJ under Biden”: Deirdre Fernandes of The Boston Globe has an article that begins, “As the Harvard University case on use of race in college admissions approaches the US Supreme Court, a onetime foe of the school is likely to become an ally.”

Posted at 8:54 PM by Howard Bashman



“Judicial Notice: February 6, 2021; Notable legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 6:46 PM by Howard Bashman



“The Supreme Court’s new, deeply fractured decision on churches and the pandemic, explained; Amy Coney Barrett just handed down her first Supreme Court opinion, and it’s surprisingly revealing”: Ian Millhiser of Vox has this report.

Posted at 6:34 PM by Howard Bashman



“You probably haven’t heard of Judge Ketanji Brown Jackson. That’s going to change.” Columnist Ruth Marcus has this essay online at The Washington Post.

Therein, Marcus writes, “The 50-year-old federal district court judge is a leading contender to take the appeals court seat being vacated by attorney general-designate Merrick Garland. That could be just the first promotion, though.”

Posted at 5:02 PM by Howard Bashman



“The Knives Come Out for Josh Hawley: The elite conservative world saw the Missouri senator as America’s next great statesman; Instead, he’s revealed uncomfortable truths about the movement.” Emma Green of The Atlantic has this report, in which Chief Justice John G. Roberts, Jr. is mentioned four times.

Posted at 2:12 PM by Howard Bashman



“How One Supreme Court Decision Increased Discrimination Against LGBTQ Couples: People may like to believe that the Court can accommodate conservative religious groups without causing much harm, but that does not seem to be the case.” Law professor Netta Barak-Corren has this essay online at The Atlantic.

Barak-Corren recently posted at SSRN a related article titled “Religious Exemptions Increase Discrimination Towards Same-Sex Couples: Evidence from Masterpiece Cakeshop.”

Posted at 1:28 PM by Howard Bashman



“Supreme Court Partly Backs Religious Challenge to California Virus Restrictions; The ruling followed a similar one in a case from New York and provided more evidence of a change in the court’s direction after the death of Justice Ruth Bader Ginsburg”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court rules California churches may open despite the pandemic.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Hands California Churches Partial Relief From Covid-19 Restrictions; Churches argued they should be classified alongside businesses where capacity is capped at 25%.”

John Fritze of USA Today reports that “Supreme Court blocks enforcement of some California COVID-19 rules for churches.”

In today’s edition of The San Francisco Chronicle, Bob Egelko has a front page article headlined “U.S. Supreme Court lifts California’s ban on indoor church services, keeps 25% capacity limit.”

Dale Kasler of The Sacramento Bee reports that “U.S. Supreme Court rules against Newsom on indoor church services in California COVID-19 case.”

Jessica Gresko of The Associated Press has a report headlined “Justices: California can’t enforce indoor church service ban.”

Greg Stohr of Bloomberg News reports that “Supreme Court Lets California Churches Hold Indoor Services.”

Ariane de Vogue of CNN reports that “Supreme Court gives partial win to California churches fighting Covid restrictions.”

Brie Stimson of Fox News reports that “Supreme Court ruling in California case allows indoor religious services to resume — with some limits; The decision is a partial win for groups fighting the state’s coronavirus restrictions.”

Josh Gerstein of Politico reports that “Supreme Court lifts California worship bans prompted by coronavirus; The ruling issued just before 11 p.m. ET Friday produced four separate statements by the justices.”

Jordan Williams of The Hill reports that “Supreme Court lifts some restrictions on California church services.”

And at “The Volokh Conspiracy,” Josh Blackman has a post titled “SCOTUS Decides South Bay v. Newsom II, Enjoins Complete Prohibition on Indoor Worship Services; The Court is badly fractured, as Justice Barrett writes her first separate writing.”

You can access last night’s order of the U.S. Supreme Court, and the opinions concurring therein and dissenting therefrom, at this link.

Posted at 10:32 AM by Howard Bashman



Friday, February 5, 2021

Flashback to 2003: Eighteen years ago tomorrow, Anne Gearan (then) of The Associated Press had an article headlined “Internet Sites Eye on High Court Updates” (and that link actually works, in case you missed the article at the time).

My blog’s original coverage of that AP report from February 2003 can be accessed here. This blog had been in existence for less than a year when that article was originally published.

Posted at 9:33 PM by Howard Bashman



“The Risks to the ACA of a Standing Decision in California v. Texas Are Overstated; If the Supreme Court opts to dismiss the latest challenge to the Affordable Care Act on standing grounds, this will not leave the ACA particularly vulnerable to future challenge”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 8:06 PM by Howard Bashman



“NY GOPer Claudia Tenney declared victor in last lingering House race”: Carl Campanile and Bernadette Hogan of The New York Post have an article that begins, “Republican Claudia Tenney will be declared the winner of her nail-biting rematch against upstate Democratic Rep. Anthony Brindisi following a marathon three-month recount. It was the only 2020 congressional race in the country that hadn’t been decided.”

Posted at 8:00 PM by Howard Bashman



“House of Delegates backs abolishing death penalty, signaling end of capital punishment”: Frank Green of The Richmond Times-Dispatch has this report.

Gregory S. Schneider and Laura Vozzella of The Washington Post report that “Virginia legislature votes to legalize marijuana, abolish the death penalty.”

And in commentary, online at Slate, Jeremy Stahl has a jurisprudence essay titled “With Death Penalty Abolition, Virginia Is Becoming a Test Lab for Progressive Reform; Virginia’s move will mark the first time in U.S. history that a majority of states ban executions.”

Posted at 7:53 PM by Howard Bashman



“Biden Won’t Restore Bar Association’s Role in Vetting Judges; The decision not to give the American Bar Association names of potential nominees for evaluation came after progressives criticized the group for undercutting a push for diversity”: Charlie Savage of The New York Times has this report.

And in related news, Jennifer Bendery of HuffPost reports that “Biden Tosses Out Trump’s Last-Minute Judicial Nominations; The newly installed president prefers to fill those lifetime federal judgeships with his own picks, thank you very much.”

Posted at 7:45 PM by Howard Bashman



“Students Punished for ‘Vulgar’ Social Media Posts Are Fighting Back; A lawsuit against the University of Tennessee questions when schools can discipline students because of their online speech”: Anemona Hartocollis of The New York Times has this report.

Posted at 7:42 PM by Howard Bashman



“Workers in L.A.’s courts are dying of COVID-19 as in-person hearings, trials continue”: Matt Hamilton of The Los Angeles Times has this report.

Posted at 7:38 PM by Howard Bashman



“Pa. voters will get the last word in struggle between Wolf and lawmakers. Here’s what you need to know.” Cynthia Fernandez of Spotlight PA has a report that begins, “This spring, Pennsylvania voters will be asked to weigh in on one of the most contentious battles between Gov. Tom Wolf and the GOP-controlled legislature. The state House on Friday gave final approval to a proposed constitutional amendment that would give state lawmakers the power to unilaterally end disaster declarations. Currently, such a decision belongs to the governor.”

Posted at 1:08 PM by Howard Bashman