How Appealing



Saturday, July 31, 2021

“Biden’s fight to de-Trumpify the courts, explained; Biden is the president liberal court watchers have been waiting for, but he may be five years too late”: Ian Millhiser has this essay online at Vox.

Posted at 3:30 PM by Howard Bashman



Friday, July 30, 2021

“Lessons from the pandemic: Gains, losses and two suggestions for a new normal.” Lyle Denniston has this post at “SCOTUSblog.”

Posted at 9:57 PM by Howard Bashman



“Mississippi’s abortion brief dynamites standing law and ‘super duper’ precedents”: Columnist Harry Litman has this op-ed in today’s edition of The Los Angeles Times.

Posted at 3:40 PM by Howard Bashman



Thursday, July 29, 2021

“Has Roe v. Wade Met Its Match? The brief by Mississippi’s attorney general makes a surprising argument aimed at Chief Justice Roberts.” David J. Garrow will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 10:03 PM by Howard Bashman



“The Supreme Court must affirm its own decision to broadcast oral arguments; Keeping in place a practice that has worked for the last year and a half could benefit justices who prefer self-imposed incremental change to statutory mandates”: The Boston Globe has published this editorial.

Posted at 7:50 PM by Howard Bashman



“11th Circuit strikes down Florida megachurch challenge to hate group label; An evangelical Christian ministry listed as an anti-LGBTQ hate group by the Southern Poverty Law Center was not discriminated against when its application to fundraise through Amazon’s charitable website was denied, the court ruled”: Kayla Goggin of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Posted at 2:30 PM by Howard Bashman



“Ninth Circuit kills pork industry challenge to California confinement rules; The appeals court found California’s voter-approved animal confinement standards aren’t unconstitutional — even if they will dramatically impact the nation’s pork producers”: Bianca Bruno of Courthouse News Service has this report.

And Metropolitan News-Enterprise reports that “Prevention of Cruelty to Farm Animals Act Is Constitutional; Ikuta Says It Does Not Offend Dormant Commerce Clause Despite Pronounced Effect on Out-of-State Farmers.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 2:24 PM by Howard Bashman



“The Cosby Ruling: Some Legal Analysts Dispute the Court’s Reasoning; The court decision that reversed the sexual assault conviction of Bill Cosby has prompted an unusual level of legal debate about the appropriate parameters of appellate review.” Graham Bowley has this news analysis in today’s edition of The New York Times.

Posted at 1:16 PM by Howard Bashman



“Biden urges Congress to extend eviction moratorium, saying his hands are tied by Supreme Court ruling”: John Wagner of The Washington Post has this report.

Posted at 1:00 PM by Howard Bashman



Wednesday, July 28, 2021

“What’s Behind the Conservative Rift on the Supreme Court: Many court watchers are still paying attention only to how liberal or conservative the justices are; But there’s another factor at work.” Sarah Isgur, co-host of the “Advisory Opinions” podcast, has this essay online at Politico Magazine.

Posted at 7:24 PM by Howard Bashman



“It Sure Looks Like Roe‘s Foes Noticed That Amy Coney Barrett Is on the Supreme Court; The plaintiffs in the next big abortion rights case quietly — and ominously — flipped their script to better suit the ideology of the new justice”: Matt Ford has this essay online at The New Republic.

Posted at 7:20 PM by Howard Bashman



“The New Moral Code of America’s Elite: Two students went to Amy Chua for advice. That sin would cost them dearly.” Elizabeth Bruenig of The Atlantic has this report.

Posted at 1:30 PM by Howard Bashman



“U.S. Declines to Defend Trump Ally in Lawsuit Over Jan. 6 Riot; The move could mean that the Justice Department is also unlikely to defend former President Donald J. Trump in the case”: Katie Benner has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Devlin Barrett and Rachel Weiner have an article headlined “Justice Dept: Republican Rep. Mo Brooks may be sued over Jan. 6 speech to Trump supporters.”

Sadie Gurman of The Wall Street Journal reports that “Justice Department Won’t Defend GOP Lawmaker Mo Brooks in Lawsuit Over Jan. 6 Riot; Department says congressman’s rally speech wasn’t an official function.”

Kevin Johnson of USA Today has an article headlined “DOJ: Rep. Mo Brooks should not be dismissed from Capitol riot lawsuit; actions not ‘within scope’ of duties.”

Pete Williams and Dartunorro Clark of NBC News report that “DOJ ruling represents legal setback for Rep. Mo Brooks in lawsuit over Jan. 6 speech; The Justice Department told a federal court Tuesday that Brooks, R-Ala., wasn’t acting in an official capacity when he spoke at Trump’s rally.”

Marshall Cohen and Tierney Sneed of CNN report that “DOJ won’t protect GOP Rep. Mo Brooks in insurrection lawsuit.”

Kyle Cheney and Josh Gerstein of Politico report that “Justice Department declines to defend Rep. Mo Brooks against Jan. 6 incitement lawsuit; The Alabama Republican is one of several defendants in the suit filed by Rep. Eric Swalwell, who says Brooks knowingly incited a mob of Trump supporters.”

Harper Neidig of The Hill reports that “DOJ declines to back Mo Brooks’s defense against Swalwell’s riot lawsuit.”

Zoe Tillman of BuzzFeed News reports that “The Justice Department Won’t Agree To Defend Rep. Mo Brooks Against Claims He Incited The Jan. 6 Riots; DOJ concluded the Alabama Republican was engaging in campaign activity at a Jan. 6 rally, and that’s not the US government’s business.”

Nick Visser of HuffPost reports that “U.S. Won’t Defend Rep. Mo Brooks For Speaking At Pro-Trump Rally On Jan. 6; The Department of Justice said the Alabama Republican’s speech before the Capitol attack was ‘not within the scope’ of his employment.”

And in commentary, online at The Washington Post, Norman Eisen and Donald Ayer have an essay titled “Merrick Garland is doing more to hold Trump accountable than it appears; Rejecting Mo Brooks’s request for immunization for Jan. 6 remarks underscores the attorney general’s approach.”

You can access last night’s filing of the U.S. Department of Justice in the U.S. District Court for the District of Columbia at this link.

Posted at 9:34 AM by Howard Bashman



Tuesday, July 27, 2021

“The courts are destroying America’s ability to fight pandemics; Public health crises require a dynamic government that makes quick decisions; GOP judges want to prevent that”: Ian Millhiser has this essay online at Vox.

Posted at 7:05 PM by Howard Bashman



Monday, July 26, 2021