How Appealing



Tuesday, June 8, 2021

“The Importance of Teaching Dred Scott: By limiting discussion of the infamous Supreme Court decision, law-school professors risk minimizing the role of racism in American history.” Law professor Jeannie Suk Gersen has this post online at The New Yorker.

Posted at 4:36 PM by Howard Bashman



“Conversations with the Sixth Circuit: An Interview with Judge Danny Boggs.” The Federalist Society has posted this video on YouTube.

Posted at 2:28 PM by Howard Bashman



“Detrimental Reliance and Stare Decisis; Insightful thoughts from Dean Vik Amar relevant to Ramos v. Louisiana”: Will Baude has this post at “The Volokh Conspiracy.”

Posted at 2:24 PM by Howard Bashman



“The Justice Department Will Keep Fighting To Defend Donald Trump In A Case Related To A Rape Allegation; Biden during the campaign had criticized DOJ’s effort to intervene in writer E. Jean Carroll’s defamation case against Trump”: Zoe Tillman of BuzzFeed News has this report.

Posted at 2:22 PM by Howard Bashman



“The truly worrying aspect of a federal judge’s ruling on assault weapons”: Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.

Posted at 1:15 PM by Howard Bashman



“Supreme Court Won’t Hear Case on Limiting Military Draft to Men; The justices had been asked to decide whether one of the last sex-based distinctions in federal law should survive now that women can serve in combat”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court won’t review male-only registration for the military draft.”

Brent Kendall of The Wall Street Journal reports that “Supreme Court to Consider State-Secrets Case Involving FBI Surveillance; High court separately declines to hear case challenging male-only registration for the military draft.”

John Fritze of USA Today reports that “Supreme Court declines to hear case questioning whether women must also register for the draft.”

And Alex Swoyer of The Washington Times has articles headlined “Supreme Court rejects case over drafting women in the military” and “Supreme Court to hear case on Muslim surveillance by government.”

Posted at 1:04 PM by Howard Bashman



Programming note: This morning, I will be presenting an appellate oral argument via remote video to a three-judge panel of the Superior Court of Pennsylvania. As a result, additional posts will not appear here until this afternoon.

Posted at 7:10 AM by Howard Bashman



Monday, June 7, 2021

“The Supreme Court may toss Roe. But Congress can still preserve abortion rights. A simple majority vote in the Senate would nullify the threat to reproductive health posed by the Mississippi case.” Law professor Neal Kumar Katyal has this essay online at The Washington Post.

Posted at 7:08 PM by Howard Bashman



“Texas Supreme Court Justice Eva Guzman resigns, fueling 2022 speculation”: Taylor Goldenstein of The Houston Chronicle has this report.

Posted at 7:04 PM by Howard Bashman



“The Tiger Mom and the Hornet’s Nest: For two decades, Amy Chua and Jed Rubenfeld were Yale Law power brokers; A new generation wants to see them exiled.” Irin Carmon has this article in the June 7, 2021 issue of New York magazine.

Posted at 6:57 PM by Howard Bashman



“Gripped by ‘Dinner Party-gate,’ Yale Law Confronts a Venomous Divide; A dispute centering on the celebrity professor Amy Chua exposes a culture pitting student against student, professor against professor”: Sarah Lyall and Stephanie Saul of The New York Times have this report.

Posted at 6:04 PM by Howard Bashman



“Judge Gustavo Gelpi — Nominee to the U.S. Court of Appeals for the First Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 11:08 AM by Howard Bashman



On Saturday, June 5, 2021, the U.S. Court of Appeals for the Sixth Circuit posted online an opinion with an issuance date of Friday, June 11, 2021: Thanks to a reader based in Sweden(!) for emailing me on Saturday about the issuance of this decision. The decision lacks any identification of its author, nor does it state that it was issued per curiam.

Update: The opinion has been revised to replace the June 11, 2021 issuance date with the issuance date of June 4, 2021. However, the opinion still fails to note who wrote it, nor is the opinion expressly identified as a per curiam opinion.

Posted at 10:54 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court granted review in one new case.

And in National Coalition for Men v. Selective Service System, No. 20–928, Justice Sonia Sotomayor issued a statement, in which Justices Stephen G. Breyer and Brett M. Kaganaugh joined, respecting the denial of certiorari.

Posted at 9:31 AM by Howard Bashman



Sunday, June 6, 2021

“Progressives for Justice Kavanaugh: Look who’s suddenly embracing his constitutional views so Democrats can control financial agencies.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 9:44 PM by Howard Bashman



“Democrats want to pack the U.S. Supreme Court. In Louisiana, we do it all the time.” Columnist James Gill has this essay online at The Times-Picayune of New Orleans.

Posted at 8:42 AM by Howard Bashman



“The Black Hero Behind One of the Greatest Supreme Court Justices; Before John Marshall Harlan became the sole judicial defender of Black rights of his time, he had a close association with a powerful Black leader who grew up enslaved in his home; Together, they showed how respect could transcend barriers and point a path to freedom”: Peter S. Canellos has this essay online at Politico Magazine.

Posted at 8:40 AM by Howard Bashman



“Judicial Notice (06.05.21): ‘A Convoluted, Incoherent, Jumbled Mess’; A colorful Ninth Circuit opinion, a bipartisan ‘dream team’ for a billion-dollar battle, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:35 AM by Howard Bashman



Saturday, June 5, 2021

“Why the battle for gay marriage was won so easily; No one had to give anything up to allow same-sex marriage equality”: Sasha Issenberg has this essay online at The Washington Post.

Posted at 9:32 PM by Howard Bashman



“Supreme Court begins its sprint to finish — and a decision by one justice might be the most important”: Robert Barnes of The Washington Post has this report.

Posted at 7:48 PM by Howard Bashman



“A Gun Rights Win in California With Sights Set on the Supreme Court; A federal judge overturned California’s assault weapons ban; State officials vowed to win on appeal, but gun advocates are emboldened by a shifting Supreme Court”: Shawn Hubler and Adam Liptak of The New York Times have this report.

Timothy Bella and Rachel Siegel of The Washington Post report that “California’s assault weapons ban overturned as federal judge compares AR-15 to a Swiss Army knife.”

Alex Wigglesworth of The Los Angeles Times reports that “After judge overturns California assault weapons ban, state officials vow to fight back.”

Lauren Hernández of The San Francisco Chronicle reports that “Federal judge overturns California’s decades-old ban on assault weapons.”

And Vincent Moleski of The Sacramento Bee has an article headlined “As gun owners celebrate, officials say they’ll fight to keep California assault weapon ban.”

Yesterday’s decision of the U.S. District Court for the Southern District of California consists of an opinion and judgment.

Posted at 7:44 PM by Howard Bashman



“Hugo Black’s Law Clerks Fought to Protect His ‘Little Piece of Eden’; Their goal was to protect Black’s home from renovation plans submitted by the current owner and approved by Alexandria’s City Council”: Tony Mauro of The National Law Journal has this report.

Posted at 1:24 PM by Howard Bashman



Friday, June 4, 2021

“Cool or Cringe? Judicial Pop Culture References Rankle Some Lawyers; Lawyers and legal experts said they believe it’s important for judicial opinions to be accessible to the general public, but they’re split on whether the pop culture references are effective in achieving that goal.” Jacqueline Thomsen of The National Law Journal has this report.

Posted at 7:56 PM by Howard Bashman



“How the Supreme Court has tilted election law to favor the Republican Party; The court has freed Texas and other Southern states to add voting restrictions, and has given the GOP an edge in the battle to control Congress”: David G. Savage of The Los Angeles Times has this news analysis.

Posted at 7:00 PM by Howard Bashman



“The Supreme Court hands down very good news for pretty much everyone who uses a computer; Not being entirely honest on your Tinder profile is not a federal crime”: Ian Millhiser has this essay online at Vox.

Posted at 2:08 PM by Howard Bashman