How Appealing



Monday, May 31, 2021

“Coming Supreme Court decision in major LGBT rights case seen as bellwether of conservative court”: Tucker Higgins of CNBC has this report.

Posted at 9:36 AM by Howard Bashman



“Men’s group and ACLU urge Supreme Court to hear challenge to male-only military draft”: Ariane de Vogue of CNN has this report.

Posted at 9:34 AM by Howard Bashman



“The Unique Dangers of the Supreme Court’s Decision to Hear a Mississippi Abortion Case; The most pressing question now may be not whether Roe and Casey can survive but how reproductive rights can be sustained without them”: Amy Davidson Sorkin has this Comment in the Talk of the Town section of the June 7, 2021 issue of The New Yorker.

Posted at 8:55 AM by Howard Bashman



“As Harvard Case Looms at Supreme Court, Study Tests Value of Diversity; After prestigious law reviews adopted diversity policies for choosing student editors, researchers found, the articles they published were cited more often”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:52 AM by Howard Bashman



Sunday, May 30, 2021

“Justice Breyer’s liberal legacy could die with him if he repeats Ginsburg’s mistake”: The St. Louis Post-Dispatch has published this editorial.

Posted at 5:16 PM by Howard Bashman



Saturday, May 29, 2021

“Justice Breyer’s new warning for Democrats couldn’t have come at a worse time; American democracy is in crisis; Breyer thinks now’s the time to scold his fellow liberals”: Ian Millhiser has this essay online at Vox.

Posted at 9:08 PM by Howard Bashman



“Judicial Notice (05.29.21): A Motley CREW; A Paul Weiss associate’s big win, Amazon’s prime acquisition, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:46 PM by Howard Bashman



Friday, May 28, 2021

“City of San Antonio loses U.S. Supreme Court fight over online travel companies’ $2.2M legal tab”: Patrick Danner of The San Antonio Express-News has this report.

Kimberly Strawbridge Robinson of Bloomberg News reports that “Justices Curb Trial Court Discretion in Appellate Cost Award.”

And Alexandra Jones of Courthouse News Service reports that “Supreme Court Ends Tax War, Says Cities Must Pay Litigation Costs to Hotels.com; Municipalities that waged an all-out war against travel-booking websites over occupancy taxes are now left with a hefty litigation bill.”

Justice Samuel A. Alito, Jr. issued yesterday’s ruling on behalf of a unanimous U.S. Supreme Court in San Antonio v. Hotels.com, L.P., No. 20-334.

Posted at 8:34 PM by Howard Bashman



“24 states urge Supreme Court to take case challenging NJ large-capacity magazine ban; Democrats in Congress and the White House have backed bans of certain magazines”: Adam Shaw of Fox News has this report.

Posted at 8:26 PM by Howard Bashman



“After 208 years, Louisiana Supreme Court gets its first female clerk of court”: Joe Gyan Jr. of The Advocate of Baton Rouge, Louisiana has this report.

Posted at 8:20 PM by Howard Bashman



“Biden’s Justice Department Is Walking Into a Trap Set by Trump Appointees; A seemingly frivolous lawsuit could take down a pillar of the administrative state”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 5:07 PM by Howard Bashman



Thursday, May 27, 2021

“Fla. Supreme Court Justices To Weigh Major Tobacco Case”: Jim Saunders of News Service of Florida has a report that begins, “Nearly 15 years after a Florida Supreme Court decision unleashed thousands of lawsuits against the tobacco industry, justices next week will consider a case that could make it harder to successfully sue cigarette makers.”

Posted at 9:12 PM by Howard Bashman



“Supreme Court May Revisit Ruling on Native American Rights in Oklahoma; After the court ruled last year that much of eastern Oklahoma is an Indian reservation, a state court threw out a conviction of a death row inmate”: Adam Liptak of The New York Times has this report.

And Chris Casteel of The Oklahoman reports that “Supreme Court keeps Shaun Michael Bosse on Oklahoma’s death row — for now.”

You can access yesterday’s stay order of the U.S. Supreme Court at this link.

Posted at 9:02 PM by Howard Bashman



Divided Sixth Circuit panel issues shadow docket ruling invalidating as unconstitutional COVID aid priority for minority and female owned restaurants: You can access this evening’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

In earlier news coverage of the suit, Jonathan Mattise of The Associated Press had reports headlined “Suit challenges restaurant aid priority to women, minorities” and “Judge keeps restaurant aid priority for women, minorities.”

Posted at 8:53 PM by Howard Bashman



“How Anti-Abortion Activists’ ‘Reckless Dream’ Made It to the Supreme Court; In 2011, the first ‘fetal heartbeat’ bill was introduced in Ohio; The tactic was seen as too extreme to ban abortion effectively, but a decade later it may pay off”: Marie Solis has this essay online at The New Republic.

And at the “Intelligencer” blog of New York magazine, Irin Carmon and Benjamin Hart have a post titled “The Radicalism of the Abortion Law the Supreme Court Granted.”

Posted at 8:42 PM by Howard Bashman



“Supreme Court To Consider Taking Up Harvard Admissions Lawsuit During June 10 Conference”: Vivi E. Lu of The Harvard Crimson has this report.

Posted at 8:34 PM by Howard Bashman



“Trump’s impact continues as Supreme Court considers abortion case; It underscores why some Democrats are urging Justice Breyer to retire”: Columnist Carl P. Leubsdorf has this essay online at The Dallas Morning News.

Posted at 8:32 PM by Howard Bashman



“Cultural, Legal Shifts May Sink Transgender Supreme Court Appeal”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 8:26 PM by Howard Bashman



Wednesday, May 26, 2021

“Why the Federal Circuit Is Tiffany Cunningham’s ‘Dream Job’; The nominee told the Senate Judiciary Committee she made a mental note about diversity while clerking at the court 20 years ago”: Scott Graham has this article online at The National Law Journal.

The U.S. Senate Judiciary Committee has posted online at this link the video of today’s confirmation hearing for judicial and other nominees.

Posted at 10:37 PM by Howard Bashman



“Full Fifth Circuit Hears Dispute Over Dallas Bail System; In a case challenging automatic cash bail, attorneys for indigent arrestees told the en banc appeals court that Dallas County is unconstitutionally jailing poor people without considering their ability to pay”: Sabrina Canfield of Courthouse News Service has this report on an en banc rehearing (access the oral argument audio via this link) that the U.S. Court of Appeals for the Fifth Circuit heard today.

Posted at 9:44 PM by Howard Bashman



“Asian American legal groups look to Supreme Court as they pursue path to make history”: John Fritze of USA Today has this report.

Posted at 9:32 PM by Howard Bashman



Tuesday, May 25, 2021

“From Guns to Gay Marriage, How Did Rights Take Over Politics? The N.R.A., the Supreme Court, and the forces driving the country’s most intractable legal debates.” Kelefa Sanneh has this “A Critic at Large” essay in the May 31, 2021 issue of The New Yorker.

Posted at 9:50 PM by Howard Bashman



“Texas Abortion Ban Is Both Devious and Doomed; Creative lawyering won’t be enough to override constitutionally protected rights”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:48 PM by Howard Bashman



“Chief Justice in Rare Speech Says Law Is Way of Limiting Power”: Greg Stohr of Bloomberg Law has this report on the remarks Chief Justice John G. Roberts, Jr. delivered (view on YouTube via this link) to the 2021 graduating class of Georgetown Law.

Posted at 9:44 PM by Howard Bashman



“Eunice Lee — Nominee to the U.S. Court of Appeals for the Second Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 9:20 PM by Howard Bashman



“Dylann Roof appeals death sentence in Charleston church slayings”: Ann E. Marimow of The Washington Post has this report.

John Monk of The State of Columbia, South Carolina reports that “Mental illness key part of Dylann Roof’s appeal of his death sentence.”

Meg Kinnard of The Associated Press has a report headlined “Charleston shooter lawyer: Racist delusion showed incapacity.”

Celine Castronuovo of The Hill reports that “Lawyers argue ‘delusional’ Dylann Roof shouldn’t have been allowed to represent himself.”

And Ellen Robinson of Courthouse News Service reports that “Charleston Church Shooter Asks Appeals Court to Overturn Death Sentence; Dylann Roof’s appellate attorneys claim his federal conviction and death sentence should be reversed because he was ‘disconnected from reality’ when he represented himself during trial.”

The U.S. Court of Appeals for the Fourth Circuit has posted on YouTube at this link the audio of today’s oral argument before a three-judge panel consisting of three judges who were sitting by designation from other circuits.

Posted at 9:14 PM by Howard Bashman