How Appealing



Thursday, September 30, 2021

“Supreme Court to Hear Ted Cruz’s Campaign Finance Challenge; The justices will also consider a dispute over whether Boston was entitled to turn down a private group’s request to raise a Christian flag in front of its City Hall”: Adam Liptak of The New York Times has this report.

Posted at 10:04 PM by Howard Bashman



“Ohio Supreme Court Justice Pat DeWine says he won’t recuse himself from redistricting lawsuits involving his father, Gov. Mike DeWine”: Andrew J. Tobias of The Cleveland Plain Dealer has this report.

Posted at 9:57 PM by Howard Bashman



“Supreme Court Will Consider Abortion, Guns, Religious Liberty Cases This Term”: You can access today’s new episode of “The NPR Politics Podcast,” featuring Ayesha Rascoe, Nina Totenberg, and Carrie Johnson, via this link.

Posted at 9:51 PM by Howard Bashman



“Mississippi abortion clinic braces for Supreme Court showdown over Roe v. Wade; Jackson Women’s Health is on the front line of a battle over abortion rights”: Devin Dwyer, Jacqueline Yoo, and Bobby Gehlen of ABC News have this report.

Posted at 9:48 PM by Howard Bashman



“Judge David Stras Was Protested At Duke Law School; A student interrupted Judge Stras in the middle of his presentation about his grandparents experience in the Holocaust”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:00 PM by Howard Bashman



“Do Eviction Moratoriums Violate the Contract Clause? Reviving the original meaning of the Contract Clause would create a steadier and more prosperous polity in the long run.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 8:56 PM by Howard Bashman



“Alito Responds to Critics of the Supreme Court’s ‘Shadow Docket’; In a speech at Notre Dame, the justice addressed recent emergency rulings on abortion, asylum and evictions, saying they followed longstanding procedures”: Adam Liptak of The New York Times has this report.

Robert Barnes and Mike Berardino of The Washington Post report that “Alito defends letting Texas abortion law take effect, says Supreme Court critics want to intimidate justices.”

Jeff Parrott of The South Bend Tribune reports that “Justice Alito says nothing ‘shadowy’ about Supreme Court emergency orders during talk at Notre Dame.”

Casey Smith and Jessica Gresko of The Associated Press have a report headlined “A ‘dangerous cabal’? Alito says high court is no such thing.”

Pete Williams of NBC News reports that “Alito says recent Supreme Court decisions aren’t the work of ‘a dangerous cabal’; The court’s controversial decisions in cases involving abortion and evictions are instead the product of what has become known as the court’s ‘shadow docket,’ he said.”

Josh Gerstein of Politico reports that “Alito speaks out on Texas abortion case and ‘shadow docket’; Conservative justice defends court’s high-profile emergency actions just one day after Senate hearing on topic.”

John Kruzel of The Hill reports that “Alito bristles over criticism of Supreme Court’s ‘shadow docket.’

Nina Totenberg of NPR reports that “Justice Alito Calls Criticism Of The Shadow Docket ‘Silly’ And ‘Misleading.’

And Gemma DiCarlo of WVPE Public Radio in Elkhart, Indiana reports that “Supreme Court Justice Samuel Alito defends court’s emergency docket in Notre Dame lecture.”

Posted at 8:52 PM by Howard Bashman



“‘Rank nonsense’: Supreme Court Justice Alito fires back at criticism of ‘shadow docket,’ blames media.” John Fritze of USA Today has this report.

Alex Swoyer of The Washington Times reports that “Justice Alito pushes back against media, lawmakers criticism of Supreme Court.”

Tom Polansek of Reuters reports that “Alito decries ‘sinister’ portrayal of U.S. Supreme Court ‘shadow docket.’

Ariane de Vogue of CNN reports that “Justice Samuel Alito says Supreme Court is not a ‘dangerous cabal.’

And at Law & Crime, Aaron Keller has a post titled “Justice Alito Responds to ‘Annoying’ Critics of ‘Shadow Docket,’ Says There Is No ‘Dangerous Cabal’ Deciding Cases ‘in the Dead of Night.’

Posted at 3:53 PM by Howard Bashman



“The Supreme Court is in the building — contentious rulings behind, more major cases ahead”: Mark Walsh has this report online at ABA Journal.

Posted at 3:05 PM by Howard Bashman



“Inside the Miserable Experience of Visiting the United States Supreme Court; Even before the pandemic, a byzantine array of rules and procedures kept the nation’s highest court closed to all but a very select few”: Jenny Hunter has this post at Balls and Strikes.

Posted at 2:21 PM by Howard Bashman



“This Supreme Court Term, Conservatives Have One Aim: Stop Progress; During the next nine months, conservatives justices will use their power to attack abortion rights, weaken gun regulations, and rewind the clock to a darker age.” Elie Mystal will have this essay in the October 18, 2021 issue of The Nation.

Posted at 1:20 PM by Howard Bashman



“Justice Samuel Alito: ‘The Emergency Docket.'” You can access Justice Samuel A. Alito, Jr.’s remarks live on YouTube via this link at this event sponsored by the Constitutionalism and Rule of Law Lab at the Kellogg Institute for International Studies, with cosponsorship from the Notre Dame Law School.

Posted at 1:10 PM by Howard Bashman



“Nazi-looted art, Ted Cruz and Christian flags top new cases headed to Supreme Court; As well as ordering a merits hearing on a case involving the Texas senator, the Supreme Court added four new cases to its docket Thursday”: Alexandra Jones of Courthouse News Service has this report.

Posted at 12:04 PM by Howard Bashman



“Bullying Stephen Breyer Is Good, Actually; Publicly criticizing politicians making bad decisions is a cherished American tradition; Supreme Court justices are not exempt just because they wear robes instead of suits”: Jay Willis has this post at Balls and Strikes.

Posted at 10:00 AM by Howard Bashman



Wednesday, September 29, 2021

“Yes, Justices Make Mistakes; A scattering of bloopers has been made public on the court’s website after it announced a change in how opinions are publicly corrected”: Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 9:54 PM by Howard Bashman



“Justice Sonia Sotomayor: ‘There is going to be a lot of disappointment in the law, a huge amount.'” Ariane de Vogue of CNN has this report.

Posted at 8:40 PM by Howard Bashman



“What it’s like operating a Texas abortion clinic under the state’s new ban”: Amy Hagstrom Miller has this essay online at The Los Angeles Times.

Posted at 8:32 PM by Howard Bashman



“Texas defends law that has halted most abortions in the state”: Ann E. Marimow and Robert Barnes of The Washington Post have this report.

Posted at 8:04 PM by Howard Bashman



“Republicans Have No Idea How to Defend the Supreme Court’s Shadow Docket; Instead, at a Senate hearing on Wednesday, they just lied about it”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 7:42 PM by Howard Bashman



“Citi Asks Appeals Court to Fix Its $500 Million Revlon Error”: Chris Dolmetsch of Bloomberg News has this report.

And Emilee Larkin of Courthouse News Service has an article headlined “Compassion for Citibank? After billion-dollar payment blunder, panel weighs refund plea; The financial giant says lenders shouldn’t be entitled to keep the full amount when it intended to only pay a small fraction.”

You can download via this link (76.6 MB mp3 audio file) the oral argument from earlier today before a three-judge panel of the U.S. Court of Appeals for the Second Circuit. Neal Katyal argued the appeal for Citibank. And Kathleen M. Sullivan argued the appeal for the appellees. The first judge to ask a question asked why the Second Circuit shouldn’t certify questions of state law to the New York State Court of Appeals.

Posted at 7:36 PM by Howard Bashman



“Biden’s Lawless Vaccine Mandate; OSHA’s job is to promote safe workplaces, not to dictate medical decisions to employees”: David B. Rivkin Jr. and Robert Alt have this op-ed in today’s edition of The Wall Street Journal.

Posted at 7:11 PM by Howard Bashman



“‘Originalist’ Judges Lose Sight of Truths That Precede Law; Even if the Constitution is silent on abortion, nature and science have a lot to say about it”: Professor Hadley Arkes will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 7:06 PM by Howard Bashman



“Judge Rodney Gilstrap Sets an Unwanted Record: Most Cases With Financial Conflicts; The patent-law expert took on 138 cases involving companies in which he or his spouse had a financial interest, a Wall Street Journal investigation found.” Joe Palazzolo, James V. Grimaldi, and Coulter Jones of The Wall Street Journal have this report.

Posted at 6:58 PM by Howard Bashman



“Senate Democrats target Supreme Court ‘shadow docket’ after Texas abortion decision”: Nate Raymond of Reuters has this report.

Marcia Coyle of The National Law Journal reports that “Partisan Divide Dominates ‘Shadow Docket’ and Texas Abortion Ban Hearing; ‘To argue this shadow docket is just routine, the numbers don’t tell that story,’ one senator said.”

Todd Ruger of Roll Call reports that “Senate scrutinizes Supreme Court emergency docket in wake of Texas abortion law; Witnesses see problems with how justices handle emergency requests.”

Kirk McDaniel of Courthouse News Service reports that “Capitol Hill enters fray over Texas abortion law; Senators heard testimony from law professors on the use of the shadow docket and from a Texas state representative on the effects of the state’s new law.”

And Ashley Lopez of Austin, Texas’s NPR affiliate KUT 90.5 reports that “Experts Raise Concerns To U.S. Senate Panel Over Supreme Court’s Inaction In Texas Abortion Case.”

You can view the video of today’s U.S. Senate Judiciary Committee hearing via this link.

Posted at 5:30 PM by Howard Bashman



“High court could add more contentious cases to busy lineup”: Jessica Gresko and Mark Sherman of The Associated Press have this report.

Posted at 4:11 PM by Howard Bashman



“Suggesting Abortion Law Is ‘Stimulating’ Interstate Travel, Texas Tells Judge to Reject DOJ Challenge; ‘That a law prevents some abortions from occurring, even pre-viability, does not make it a “ban,”‘ the Texas brief reads”: Jacqueline Thomsen of The National Law Journal has this report on the brief the State of Texas filed today in a Texas federal district court opposing the federal government’s request for a preliminary injunction against S.B. 8.

Posted at 1:32 PM by Howard Bashman



“The Supreme Court has lost its non-partisan stature thanks to Mitch McConnell”: The St. Louis Post-Dispatch has published an editorial that concludes, “For the sake of salvaging the court’s little remaining dignity, perhaps Barrett and the other conservative justices should just follow McConnell’s lead, and stop pretending they’re anything other than partisan hacks.”

Posted at 1:25 PM by Howard Bashman



“Supreme Court faces alienating half the U.S. with abortion, gun rights rulings; Tennessee is in league with two dozen other red states to persuade the Supreme Court to overturn Roe v. Wade and expand gun rights”: Kenneth Jost has this essay online at The Tennessean.

Posted at 1:09 PM by Howard Bashman