How Appealing



Monday, July 26, 2021

“In Orange County case, the U.S. is hiding behind claims of ‘state secrets'”: Columnist Nicholas Goldberg has this op-ed in today’s edition of The Los Angeles Times.

Posted at 7:30 AM by Howard Bashman



“Can Affirmative Action Survive? The policy has made diversity possible. Now, after decades of debate, the Supreme Court is poised to decide its fate.” Nicholas Lemann has this Annals of Justice article in the August 2, 2021 issue of The New Yorker.

Posted at 7:25 AM by Howard Bashman



“Trump’s appointees are turning the Supreme Court to the right with different tactics”: Joan Biskupic of CNN has this report.

Posted at 7:20 AM by Howard Bashman



Sunday, July 25, 2021

“Amy Coney Barrett Is Trying to Tell Us Something; The newest Supreme Court Justice drops a hint in a religious-freedom case that she’s not an extremist”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 7:49 PM by Howard Bashman



“This Court Has Abandoned the Most Essential Element in American Democracy: Voters; Two recent decisions capture perfectly just how distorted the Court’s approach is.” Law professor Kimberly Wehle has this essay online at The Atlantic.

Posted at 8:40 AM by Howard Bashman



Saturday, July 24, 2021

Majority on divided three-judge Ninth Circuit panel holds that California’s closing of private schools because of COVID-19 implicates fundamental rights of parents and is subject to strict scrutiny: You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 4:10 PM by Howard Bashman



“Merrick Garland Will Not Deliver Your Catharsis; Progressives want a dramatic de-Trumpification of the Justice Department; But the attorney general has a different theory of how to heal America”: David Montgomery will have this article in tomorrow’s edition of The Washington Post Magazine.

Posted at 3:25 PM by Howard Bashman



“‘Complete, dysfunctional chaos’: Oklahoma reels after Supreme Court ruling on Indian tribes.” Annie Gowen and Robert Barnes of The Washington Post have this report.

Posted at 3:20 PM by Howard Bashman



“After $250k in political support from Apache Corp., Texas Supreme Court does a rare double take”: Eric Dexheimer of The Houston Chronicle has this report.

Posted at 9:54 AM by Howard Bashman



“Anti-abortion lawyers are finally being honest about what they want from the Supreme Court; For decades, abortion opponents urged the Court to lie about abortion restrictions; They don’t need to anymore”: Ian Millhiser has this essay online at Vox.

Posted at 9:46 AM by Howard Bashman



“Progressive Gun-Control Crackup; Defense lawyers ask the Supreme Court to affirm gun rights”: The Wall Street Journal has published this editorial.

Posted at 9:40 AM by Howard Bashman



Friday, July 23, 2021

“The Temptation of Judging for ‘Common Good’: Conservatives finally have a Supreme Court majority; Some on the right want judicial activism too.” David B. Rivkin Jr. and Andrew M. Grossman will have this op-ed in Saturday’s edition of The Wall Street Journal.

Posted at 9:20 PM by Howard Bashman



“DeSantis asks Supreme Court to rule on cruises as CDC COVID-19 rules tossed out”: Taylor Dolven of The Miami Herald has a report that begins, “Three judges on the U.S. Appeals Court for the 11th Circuit on Friday vacated their decision issued last weekend that allowed the U.S. Centers for Disease Control and Prevention to enforce its cruise COVID-19 safety rules in Florida.”

Posted at 7:58 PM by Howard Bashman



“FBI says it got more than 4,500 tips on Kavanaugh, providing ‘relevant’ ones to Trump White House”: Ariane de Vogue of CNN has this report. You can access the FBI’s letter at this link.

Posted at 12:54 PM by Howard Bashman



“Mississippi asks the Supreme Court to overrule Roe v. Wade”: Adam Liptak has this article in today’s edition of The New York Times.

In today’s edition of The Washington Post, Robert Barnes reports that “Mississippi asks Supreme Court to overturn Roe v. Wade in upcoming case.”

In today’s edition of The Los Angeles Times, David G. Savage has an article headlined “Mississippi urges Supreme Court to use abortion case to overturn Roe vs. Wade next term.”

In today’s edition of The Wall Street Journal, Jess Bravin has an article headlined “Mississippi Asks Supreme Court to End Roe v. Wade Abortion Rights; State’s brief for coming high court case says landmark abortion decision violates Constitution’s provisions on states’ rights.”

John Fritze of USA Today reports that “Mississippi asks Supreme Court to overturn Roe v. Wade in blockbuster abortion case.”

Alex Swoyer of The Washington Times has an article headlined “‘Egregiously wrong’: Mississippi AG presses Supreme Court to overturn Roe v. Wade.”

Emily Wagster Pettus of The Associated Press reports that “Mississippi argues Supreme Court should overturn Roe v. Wade.”

Lawrence Hurley of Retuers reports that “Mississippi asks U.S. Supreme Court to overturn abortion rights landmark.”

Greg Stohr of Bloomberg News reports that “Mississippi Asks Supreme Court to Overturn Roe, Abortion Rights.”

Pete Williams of NBC News reports that “Mississippi asks Supreme Court to overturn Roe v. Wade; The state is appealing lower court rulings that struck down a law banning most abortions after 15 weeks of pregnancy.”

Alice Miranda Ollstein and Josh Gerstein of Politico report that “Mississippi asks Supreme Court to overturn Roe v. Wade; Abortion rights advocates warn of a threat to the landmark 1973 precedent.”

John Kruzel of The Hill reports that “Mississippi’s attorney general asks Supreme Court to overturn Roe v. Wade.”

And Alexandra Jones of Courthouse News Service reports that “Mississippi pushes Supreme Court to overturn Roe v. Wade; Mississippi filed a defense of its 15-week abortion ban Thursday, marking the next step in a landmark case that pushes the conservative-majority high court to scrap caselaw upholding abortion rights.”

Posted at 10:52 AM by Howard Bashman



“Delta Variant Could Keep Suit Over Stay-at-Home Orders Alive; With vaccines in the arms of over half of Pennsylvania residents and the stay-at-home orders expiring long ago, the appellate panel questioned why the constitutionality of the orders were still relevant”: Emilee Larkin of Courthouse News Service has this report on an oral argument (access the audio via this link) that a three-judge panel of the U.S. Court of Appeals for the Third Circuit heard yesterday.

Posted at 10:32 AM by Howard Bashman



Thursday, July 22, 2021

“A Sixth Circuit Split on Appeals After Voluntary Dismissals; The Sixth Circuit dismissed an appeal when the plaintiff voluntarily dismissed her unresolved claims without prejudice; But the court avoided a finality trap”: Bryan Lammon has this post at his “final decisions” blog about a decision that a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

Posted at 9:24 PM by Howard Bashman



“As Supreme Court Weighs Harvard Admissions Case, Two Asian Americans Speak Out And Allege Bias”: Kirk Carapezza of GBH News has this report.

Posted at 9:18 PM by Howard Bashman



“The Stephen Breyer Backfire: Efforts to bully him into retirement may end up having the opposite effect.” Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:02 PM by Howard Bashman



“Instagram is counting on controversial copyright test to save its image(s)”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:45 PM by Howard Bashman



“Will the Court Tame the Administrative State? This term showed substantial, if still only incremental, progress in taming the administrative state and cabining its scope.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 8:35 PM by Howard Bashman