How Appealing



Sunday, August 29, 2021

“As Washington Stews, State Legislatures Increasingly Shape American Politics; From voting rights to the culture wars, state legislatures controlled by Republicans are playing a role well beyond their own state borders”: Michael Wines of The New York Times has this report.

Posted at 2:10 PM by Howard Bashman



“Judicial Notice (08.28.21): ‘Whatever’; An appellate argument fail, a celebrity lawyer leaves his longtime firm, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:07 PM by Howard Bashman



“Biden’s Supreme Court losses prompt more ‘shadow docket’ scrutiny”: Lawrence Hurley of Reuters has this report.

Joan Biskupic of CNN reports that “Conservative-dominated bench denies Biden same deference it once gave Trump.”

And earlier in the week, online at The Washington Post, law professor Steve Vladeck had an essay titled “The Supreme Court’s ‘shadow docket’ helped Trump 28 times. Biden is 0 for 1. ‘Emergency relief’ may play out differently for the current administration, the justices’ recent ruling on ‘Remain in Mexico’ suggests.”

Posted at 9:05 AM by Howard Bashman



Saturday, August 28, 2021

“Breyer, the optimistic justice, shakes off defeats but warns of threats to Supreme Court’s authority”: Robert Barnes of The Washington Post has this report.

Posted at 9:51 PM by Howard Bashman



“Twitter rejects blue check mark verification for former Viking, Minnesota Supreme Court Justice Alan Page; According to Twitter, the pro football Hall of Famer and former Minnesota Supreme Court Justice lacks the ‘notability’ needed before it bestows its coveted blue check mark signaling verification”: Paul Walsh of The Minneapolis Star Tribune has this report.

Posted at 4:52 PM by Howard Bashman



Friday, August 27, 2021

“Supreme Court’s Decision Opens Door to Millions of Evictions; The ruling late Thursday ending a new moratorium leaves the White House with few options to help renters at risk of losing their homes”: Alan Rappeport, Sophie Kasakove, and Conor Dougherty of The New York Times have this report.

And Will Parker of The Wall Street Journal reports that “Renters Prepare for Eviction After Supreme Court Ruling; Just a fraction of $47 billion in federal aid meant to help tenants and landlords has been distributed.”

Posted at 8:05 PM by Howard Bashman



“Justice Kavanaugh Replies to Mr. Biden; A 6-3 Supreme Court tosses the President’s lawless eviction ban”: This editorial will appear in Saturday’s edition of The Wall Street Journal.

Posted at 7:40 PM by Howard Bashman



“The Supreme Court’s Conservatives Prioritize Property Over Lives; The conservative justices broke the court’s own rules — again — to end the CDC’s eviction moratorium”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 7:38 PM by Howard Bashman



“Justice Breyer on Retirement and the Role of Politics at the Supreme Court; In an interview prompted by his new book, the 83-year-old leader of the court’s liberal wing said he is working on a decision about when to step down”: Adam Liptak of The New York Times has this report.

Posted at 11:18 AM by Howard Bashman



Thursday, August 26, 2021

“Justice Dept. to Close Troubled Jail Where Jeffrey Epstein Died; The 233 people being held at the Metropolitan Correctional Center will be moved, at least temporarily, while officials address conditions there”: Benjamin Weiser of The New York Times has this report.

Posted at 9:48 PM by Howard Bashman



“2nd Circuit won’t enjoin New York anti-abortion protesters”: Brendan Pierson of Reuters has this report.

And Daniel Jackson of Courthouse News Service reports that “Second Circuit refuses to block anti-abortion protests in front of Queens clinic; While New York’s attorney general says anti-abortion protesters have harassed women seeking the procedure, the Second Circuit reversed its position and allowed demonstrations outside a clinic to continue.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit on panel rehearing at this link.

Posted at 9:06 PM by Howard Bashman



“Where We Stand: Assessing Vacancies and Nominations in the Federal Judiciary — The Midwest.” Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 8:52 PM by Howard Bashman



“U.S. Courts Oppose Harassment Shield Bill for Judiciary Workers”: Seth Stern of Bloomberg Law has a report that begins, “The federal judiciary announced its opposition to legislation that would give its workers the same antidiscrimination rights and whistleblower protections as other federal employees.”

And in related coverage, Kimberly Strawbridge Robinson of Bloomberg Law reports that “Sexual Harassment Called Persistent in Judiciary Workplaces.”

Posted at 8:46 PM by Howard Bashman



Biden v. Texas Is a Step in the Right Direction”: Richard Pierce has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:20 PM by Howard Bashman



“Should the Government Impose a National Vaccination Mandate? Despite claims to the contrary, there are many routes to legally requiring COVID inoculation.” Law professor Jeannie Suk Gersen has this essay online at The New Yorker.

Posted at 8:15 PM by Howard Bashman



“Safehouse takes its battle over a Philly supervised drug injection site to the U.S. Supreme Court; The move sets the stage for what could be the most definitive legal battle yet over the issue, but it’s one fraught with risk for supporters of such facilities”: Jeremy Roebuck and Aubrey Whelan of The Philadelphia Inquirer have this report.

You can view the petition for writ of certiorari filed Monday in the U.S. Supreme Court at this link.

Posted at 5:45 PM by Howard Bashman



“Supreme Court Clerks, October Term 2010: Where Are They Now? Checking in with SCOTUS clerks, a decade after their time at One First Street.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 4:24 PM by Howard Bashman



“Vaccination, the Law, and the Common Good: Should Jacobson v. Massachusetts be reconsidered in light of new government mandates about COVID?” James Stoner has this post at the “Law & Liberty” blog.

Posted at 8:53 AM by Howard Bashman



Wednesday, August 25, 2021

“So now the Supreme Court is okay with judges setting immigration policy?” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:27 PM by Howard Bashman



“The Mississippi clinic at the center of the fight to end abortion in America; The state’s last abortion clinic, known as the ‘Pink House,’ is at the heart of a Supreme Court case that could severely restrict abortion access for millions of largely poor women”: Emily Wax-Thibodeaux and Ariana Eunjung Cha have this front page article in today’s edition of The Washington Post.

Posted at 8:20 PM by Howard Bashman



“The Supreme Court Has Let a Lone Trump Judge Take Over Biden’s Foreign Policy; The six conservative justices blessed a rogue decision reviving Trump’s odious attack on refugees”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

And online at Vox, Ian Millhiser has an essay titled “The Supreme Court’s stunning, radical immigration decision, explained; The Court’s decision on Trump’s ‘Remain in Mexico’ policy upends decades of precedent warning that judges shouldn’t mess with foreign affairs.”

Posted at 7:18 PM by Howard Bashman



“Immigration Law Boomerang: Don’t blame the Supreme Court for the mess at the border.” This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 7:08 PM by Howard Bashman