How Appealing



Friday, June 18, 2021

“American Samoans are the latest victims of these ignorant Supreme Court rulings; American Samoans deserve the same rights as the rest of the U.S.” Law professor Steve Vladeck has this essay online at MSNBC.

Posted at 7:28 PM by Howard Bashman



“The Supreme Court’s Newest Justices Produce Some Unexpected Results; In the term so far, including two major decisions on Thursday, the court’s expanded conservative majority is fractured and its liberals are often on the winning side”: Adam Liptak of The New York Times has this news analysis.

Posted at 7:00 PM by Howard Bashman



“The Next Major Challenge to the Affordable Care Act: The law’s opponents have a good chance of winning their next showdown, though it won’t threaten the law as a whole.” Law professor Nicholas Bagley has this essay online at The Atlantic.

And online at NBC News, law professor Leah Litman has an essay titled “The Supreme Court upholds Obamacare, but its supporters shouldn’t breathe easy; Thursday’s ruling does nothing to protect against the other pending lawsuits challenging the ACA — and may even suggest they could have more traction with SCOTUS.”

Posted at 5:10 PM by Howard Bashman



“Trump was wrong about the law, Obamacare politics and his judges; The former president promised that his Supreme Court picks would overturn the Affordable Care Act; He met the court’s ruling with the deafening silence of defeat”: Jonathan Allen of NBC News has this news analysis.

Posted at 3:56 PM by Howard Bashman



“‘Alito was just pissed’: Trump’s Supreme Court breaks down along surprising lines; Thursday’s decisions laid bare an emerging rift within the court’s conservative majority.” Josh Gerstein of Politico has this report.

Posted at 1:45 PM by Howard Bashman



“‘Hopelessly divided’ Supreme Court defies narrative with another unanimous opinion; For a hopelessly divided ideological court, the Supreme Court seems to be saying a lot in one voice about the law and its own institution”: Law professor Jonathan Turley has this essay online at USA Today.

Posted at 1:40 PM by Howard Bashman



“Why the Supreme Court Should Reset the Terms of the Abortion Debate”: Leah Libresco Sargeant has this guest essay online at The New York Times.

Posted at 1:30 PM by Howard Bashman



“Supreme Court foster care ruling likely to prompt more tests of religion vs. LGBTQ rights”: John Fritze of USA Today has this report.

Posted at 1:28 PM by Howard Bashman



“How a Conservative Activist Invented the Conflict Over Critical Race Theory; To Christopher Rufo, a term for a school of legal scholarship looked like ‘the perfect weapon'”: Benjamin Wallace-Wells has this article online at The New Yorker.

Posted at 1:24 PM by Howard Bashman



“Supreme Court Limits Human Rights Suits Against Corporations; Six citizens of Mali had sued Nestlé USA and Cargill, accusing the companies of profiting from child slavery on Ivory Coast cocoa farms”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes and Peter Whoriskey have an article headlined “Supreme Court says chocolate companies cannot be sued over child slavery on African cocoa farms.”

In today’s edition of The Wall Street Journal, Jess Bravin and Brent Kendall have an article headlined “Supreme Court Rules Cargill, Nestle Can’t Be Sued in Child-Labor Case; Justices say allegations of abuse in Ivory Coast don’t have enough connection to the U.S.

John Fritze of USA Today has a report headlined “Supreme Court: Former child slaves can’t sue U.S. chocolate companies over child labor in West Africa.”

Bob Egelko of The San Francisco Chronicle reports that “Plaintiffs’ lawyer optimistic after Supreme Court dismisses slave labor suit.”

Jessica Gresko of The Associated Press reports that “High court backs Nestle, Cargill in child slave labor suit.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court rules for Nestle, Cargill over slavery lawsuit.”

Greg Stohr, Kimberly Robinson, and Jordan Rubin of Bloomberg News report that “Supreme Court Backs Nestle, Cargill on Child-Slavery Suit.”

Harper Neidig of The Hill reports that “Supreme Court throws out child slavery lawsuit against Nestle, Cargill.”

Brandi Buchman and Jack Rodgers of Courthouse News Service report that “Supreme Court Rejects Human Rights Case Against Nestle; The justices threw out the case of Six African men claiming Nestle was complicit in the use of child slavery on Ivory Coast cocoa plantations.”

In commentary, at the “Lawfare” blog, William S. Dodge has a post titled “The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality.”

And online at Slate, Mark Joseph Stern has a jurisprudence essay titled “Progressives Earned a Qualified Supreme Court Win From Clarence Thomas.”

Posted at 1:15 PM by Howard Bashman



“Was There a Double Flip in the November Sitting? Did the assignments change in both Fulton and California?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:53 AM by Howard Bashman



“What the Supreme Court Got Right (and Justice Alito Got Wrong) in the Texas ACA Decision: A slightly deeper dive into today’s California v. Texas decision rejecting the effort to turn constitutional litigation into a game of Jenga.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

And at “Dorf on Law,” Michael C. Dorf has a post titled “Why Did the California v. Texas Majority Reject Standing-by-Nonseverability? Five Possibilities.”

Posted at 9:50 AM by Howard Bashman



“Rosie Abella said she’d answer questions when she turned 75. Rosie Abella is 75 (almost). She was appointed at 29, the youngest judge in Canadian history and leaves the Supreme Court as its longest-serving current member. A one-of-a-kind interview by Paul Wells.” Paul Wells has this cover story in the July 2021 issue of Maclean’s.

Posted at 9:46 AM by Howard Bashman



“Roberts, Kavanaugh and Barrett have seized the Supreme Court for now”: Joan Biskupic of CNN has this report.

Greg Stohr of Bloomberg News reports that “Supreme Court Conservative Shift Hits Bump With Moderate Rulings.”

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Barrett Channels Roberts’ ‘Go-Slow’ Approach in Landmark Cases.”

And at “The Volokh Conspiracy,” Josh Blackman has a post titled “We don’t have a 6-3 Conservative Court. We have a 3-3-3 Court. Thomas, Alito, and Gorsuch are on the right. Roberts, Kavanaugh, and Barrett are somewhere to the left of the right. And Breyer, Sotomayor, and Kagan will do anything to form a majority.”

Posted at 9:38 AM by Howard Bashman