How Appealing



Tuesday, August 31, 2021

“A weakness in the argument for vaccine mandates; The Supreme Court decision allowing the government to require vaccines came before dozens of other cases allowing people autonomy over their bodies”: Nicholas Tampio recently had this essay online at The Boston Globe.

Posted at 9:42 PM by Howard Bashman



“The 5th Circuit is staking out a claim to be America’s most dangerous court”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:42 PM by Howard Bashman



“A Retreat on Racial Preferences: The Justice Department declines to appeal a ruling against the USDA’s discriminatory farm policy.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:20 PM by Howard Bashman



“An alarming new Supreme Court case could unravel Roe v. Wade as soon as Tuesday night; And the loss of abortion rights in Texas may not even be the most troubling aspect of this case”: Ian Millhiser has this essay online at Vox.

Posted at 7:42 PM by Howard Bashman



“Disbar Trump’s Lawyers Who Tried to Steal the Election; They used the courts to perpetuate a massive fraud on the American public; They should not be allowed to practice law”: Law professor Joshua Douglas has this essay online at Washington Monthly.

Posted at 5:10 PM by Howard Bashman



“Go-to Lawyer for Capitol Riot Defendants Disappears; John Pierce has been a combative advocate for those accused of participating in the Jan. 6 attack, but he’s missed court appearances for a week”: Alan Feuer of The New York Times has this report.

Posted at 4:36 PM by Howard Bashman



“The US supreme court is deciding more and more cases in a secretive ‘shadow docket’; These emergency rulings — short, unsigned and issued without hearing oral arguments — undermine the public’s faith in the integrity of the court”: Moira Donegan has this essay online at The Guardian (UK).

Posted at 2:48 PM by Howard Bashman



“Will Chief Justice Burger’s Official Biography Ever Arrive? Twenty-five years ago, the official biographer was paid $600,000. Timothy Flanigan is in no hurry.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:37 PM by Howard Bashman



“Was it Lawful for the Justice Department to Reach a Secret Non-Prosecution Agreement with Jeffrey Epstein Without Telling His Victims? My cert petition to the U.S. Supreme Court asks it review the Eleventh Circuit en banc’s decision concluding that Epstein’s victims cannot enforce their right to confer with prosecutors under the Crime Victims’ Rights Act because the Department never formally filed charges against Epstein”: Paul Cassell has this post at “The Volokh Conspiracy” about a petition for writ of certiorari that he submitted for filing today to the U.S. Supreme Court.

Posted at 1:35 PM by Howard Bashman



“Celebrating Justice Clarence Thomas’s 30th Anniversary on the Supreme Court”: The Harvard Journal of Law & Public Policy has posted online this collection of essays and video interviews.

Posted at 1:28 PM by Howard Bashman



“Arizona launches a bold new experiment to limit racist convictions; The state embraces a reform proposed by Justice Thurgood Marshall more than three decades ago”: Ian Millhiser has this essay online at Vox.

Posted at 1:05 PM by Howard Bashman



“Are There Too Many Dissents from Denial of En Banc Petitions? A federal judge suggests that dissents from en banc denial make the courts seem too political. Others might think such dissents serve a useful purpose, including the flagging of important questions (and significant errors) for Supreme Court review.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

It is interesting to note that the places where such dissents seem to have proliferated — the Fourth and the Ninth Circuits — are the two federal appellate courts that are regarded as the most liberal, and thus the most likely to be out of step with the jurisprudence of the U.S. Supreme Court.

Perhaps in an alternate world where a truly liberal U.S. Supreme Court existed, we would see an increase in dissentals from those circuits dominated by conservative judges.

Posted at 11:25 AM by Howard Bashman



“Grandma Versus The Foster Parents”: You can access this week’s episode three of season two of the “This Land” podcast — which focuses on litigation to strike down the Indian Child Welfare Act — via this link.

Posted at 8:52 AM by Howard Bashman