How Appealing



Friday, June 11, 2021

“‘People of Praise leaders failed me’: Christian group tied to Justice Amy Coney Barrett faces reckoning over sexual misconduct.” Beth Reinhard and Alice Crites of The Washington Post have this report.

Posted at 12:14 PM by Howard Bashman



Thursday, June 10, 2021

“Robert Katzmann, U.S. Judge With Reach Beyond the Bench, Dies at 68; As chief of the Second Circuit in New York, he championed immigrants’ rights, judicial transparency and schooling the public on the law; In 2019 he dealt Trump a blow”: Sam Roberts of The New York Times has written this obituary.

Posted at 9:27 PM by Howard Bashman



“Biden’s pick for appeals court, Ketanji Brown Jackson, clears Senate hurdle despite GOP opposition”: John Fritze of USA Today has this report.

Posted at 8:56 PM by Howard Bashman



“Supreme Court Limits Sweep of Law on Mandatory Minimum Sentences; Violent felonies committed recklessly do not count in deciding whether 15-year terms are required under the Armed Career Criminal Act, the justices ruled”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court limits federal law requiring enhanced sentences for repeat offenders.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Narrows Reach of Repeat-Offender Law; The justices ruled that recklessly violent crimes don’t trigger more prison time for felons convicted of gun possession.”

Jordan S. Rubin of Bloomberg Law reports that “Divided High Court Sides With Defense on Repeat-Offender Law.”

John Kruzel of The Hill reports that “Gorsuch, Thomas join liberal justices in siding with criminal defendant.”

And Jack Rodgers of Courthouse News Service reports that “Old Reckless Crime Shouldn’t Lengthen Gun Sentence, High Court Rules; The Supreme Court split 5-4 on the case Thursday, with Justices Neil Gorsuch Clarence Thomas splitting off from other conservative members of the bench.”

Today in Borden v. United States, No. 19-5410, Justice Elena Kagan announced the judgment of the Court and delivered an opinion in which Justices Stephen G. Breyer, Sonia Sotomayor, and Neil M. Gorsuch joined. Justice Clarence Thomas issued an opinion concurring in the judgment. And Justice Brett M. Kavanaugh issued a dissenting opinion, in which Chief Justice John G. Roberts, Jr. and Justices Samuel A. Alito, Jr. and Amy Coney Barrett joined. You can access the oral argument via this link.

Posted at 8:40 PM by Howard Bashman



“Jeffrey Toobin is back at CNN eight months after exposing himself on Zoom”: Brian Stelter and Oliver Darcy of CNN have this report.

Posted at 4:08 PM by Howard Bashman



“‘It Is a Sordid Thing, This Divvying Us Up by Race’; Government racial preferences are far from the only source of our divisions, but they may be the one most amenable to legal abolition”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 3:45 PM by Howard Bashman



“We’re Mississippi’s Last Abortion Clinic, and We’re Braced for the Worst”: Shannon Brewer has this guest essay in today’s edition of The New York Times.

Posted at 3:40 PM by Howard Bashman



Programming note: Beginning at 10 a.m. eastern time today, the U.S. Supreme Court is scheduled to issue one or more rulings in argued cases. You can access the opinions via this link as they are posted online. A client-related matter will have me away from the computer until this afternoon, so I will post about the decisions later today.

Posted at 7:30 AM by Howard Bashman



Wednesday, June 9, 2021

Lemon Doesn’t Matter; The fundamental question is whether the American law of religious liberty is worth preserving”: Andrew Koppelman has this post at the “Law & Liberty” blog.

Posted at 9:45 PM by Howard Bashman



“Federal court halts Missouri’s ban on abortions after 8 weeks, Down syndrome diagnosis”: Alex Swoyer of The Washington Times has this report.

And Joe Harris of Courthouse News Service reports that “Eighth Circuit Refuses to Reinstate Missouri Abortion Ban; The appeals court upheld an injunction against a law banning abortions based on a fetal diagnosis of Down syndrome and after eight weeks of pregnancy.”

My earlier coverage of today’s Eighth Circuit ruling can be accessed here.

Posted at 9:42 PM by Howard Bashman



“The Supreme Court Reins in the CFAA in Van Buren; A very important ruling”: Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 9:28 PM by Howard Bashman



“On Supreme Court steps, Dem senator calls right-leaning justices ‘servants’ of dark money interests; Sen. Sheldon Whitehouse called out GOP-nominated justices at rally Wednesday”: Marisa Schultz of Fox News has this report.

Posted at 8:30 PM by Howard Bashman



“Request to return All-Star game to Atlanta gets court hearing Thursday”: Tim Tucker of The Atlanta Journal-Constitution has this report.

Posted at 8:22 PM by Howard Bashman



“Kathleen Arberg Ends Long Run as US Supreme Court’s Public Voice and Face”: Marcia Coyle of The National Law Journal has this report.

Posted at 8:14 PM by Howard Bashman



“Perspective: Is the Supreme Court Still a Defender of Press Freedom?” Tony Mauro has this post at Freedom Forum.

Posted at 5:45 PM by Howard Bashman



“Schoolyard Justice in Federal Court; Citibank’s errant billion-dollar payment leads to a ruling that could upset commercial law”: Law professor Jonathan Macey has this op-ed in today’s edition of The Wall Street Journal.

Posted at 4:28 PM by Howard Bashman



“Florida mansion design rejection doesn’t violate First Amendment, court says; The debate brought up comparisons to such things as tattoos, elevator music and Thomas Jefferson’s Monticello home”: Jim Saunders of News Service of Florida has this report on an interesting 136-page ruling that a divided three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Posted at 2:21 PM by Howard Bashman



Tuesday, June 8, 2021

“Senate Confirms First Biden Judges, Beginning Push to Rebalance Courts; The votes were the start of an effort by Democrats to confirm liberals and people of color to the federal courts after Donald J. Trump moved aggressively to install conservative white men”: Nicholas Fandos of The New York Times has this report.

And Alex Swoyer of The Washington Times reports that “Senate confirms first Biden judicial nominees.”

Posted at 7:44 PM by Howard Bashman



“The Supreme Court Justice Who Made History By Voting No on Racial Segregation”: On today’s broadcast of NPR’s “Morning Edition,” Steve Inskeep had this interview with Peter Canellos, author of “The Great Dissenter: The Story of John Marshall Harlan, America’s Judicial Hero.”

And online at The Christian Science Monitor, Seth Stern has a review of the book headlined “The US Supreme Court’s ‘Great Dissenter’ repudiated ‘separate but equal’; Justice John Marshall Harlan’s dissents, like the one in Plessy v. Ferguson in 1896, earned him a reputation as a liberal force in his day.”

Posted at 7:30 PM by Howard Bashman