How Appealing



Thursday, September 2, 2021

“Texas Ruling Raises Doubts About Chief Justice’s Hold on the Roberts Court; Looming Mississippi case will put Roe v. Wade directly before Supreme Court with five conservatives steering to right of John Roberts”: Jess Bravin and Brent Kendall will have this article in Friday’s edition of The Wall Street Journal.

Also in Friday’s edition of that newspaper, Jacob Gershman will have an article headlined “Supreme Court Abortion Ruling Brings New Uncertainty to Decades-Old Fight; Some abortion opponents talk of replicating Texas’s law, while abortion-rights supporters pledge to continue fight in court.”

Posted at 11:04 PM by Howard Bashman



“Texas’s Abortion Law Blunder: The Supreme Court was right not to interfere for now, but the statute won’t survive scrutiny on the merits.” This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 11:00 PM by Howard Bashman



“Is the Supreme Court Ready to Overturn Roe? We Don’t Know. The justices should have blocked an unconstitutional Texas anti-abortion law. But they weren’t sending a signal by letting it stand for now.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:12 PM by Howard Bashman



“SCOTUS case on state-court shareholder class actions is off. Now what?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:40 PM by Howard Bashman



“11th Circuit tosses Georgia cheerleader’s anthem protest case against sheriff; The 11th Circuit handed a Georgia sheriff a victory by finding a Kennesaw State University cheerleader lacks standing to bring civil rights claims against him”: Erika Williams of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Both Judges Pryor issued a majority opinion.

Posted at 8:24 PM by Howard Bashman



“Abortion Arrives at the Center of the American Political Maelstrom; The Supreme Court’s decision not to block a Texas law banning most abortions left Republicans eager to replicate it; Democrats reeled, but sensed a winning issue in coming elections”: Reid J. Epstein of The New York Times has this report.

Posted at 8:12 PM by Howard Bashman



“Texas Abortion Case Reflects Success of Conservative Strategy to Remake Court; Forces on the right have spent decades maneuvering to install a reliable anti-abortion majority; Now they have one, and it is paying off for them”: Carl Hulse of The New York Times has this report.

Posted at 8:10 PM by Howard Bashman



“Pelosi pledges Roe v. Wade bill after Supreme Court allows Texas abortion law to go into effect; Pelosi framed the legislation as protecting women’s health”: Tyler O’Neil of Fox News has this report.

Posted at 7:04 PM by Howard Bashman



“The Supreme Court had no reason to block Texas’s abortion law”: Columnist Henry Olsen has this essay online at The Washington Post.

Posted at 7:00 PM by Howard Bashman



“Confusion in Texas as ‘Unprecedented’ Abortion Law Takes Effect; The law was novel and its success surprised even some in the anti-abortion movement”: Sabrina Tavernise, J. David Goodman, Adam Liptak, and Ruth Graham of The New York Times have this report.

Posted at 5:40 PM by Howard Bashman



“Here’s How The Supreme Court Can Rule In A Major Abortion Case In The Dead Of Night; It usually takes the Supreme Court months to rule in a case; But there’s a back door, and it’s getting a lot of use”: Zoe Tillman of BuzzFeed News has this report.

Posted at 5:00 PM by Howard Bashman



“Democrats Vow To Protect Abortion Rights. The Question Is How. They control all of government, but the Senate filibuster could stop them from taking any major action.” Elise Foley and Jennifer Bendery of HuffPost have this report.

Posted at 4:20 PM by Howard Bashman



“This is what an unconstrained right-wing Supreme Court looks like”: Columnist Paul Waldman has this essay online at The Washington Post.

Posted at 4:18 PM by Howard Bashman



“Thoughts on the Supreme Court’s Texas Abortion Ruling — and How to Prevent it From Setting a Dangerous Precedent; The decision is wrong, but consistent with previous precedent; Yet it also threatens to create a road map for circumventing constitutional rights; Fortunately, the latter can be prevented”: Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 4:15 PM by Howard Bashman



“Supreme Court’s Use of ‘Shadow Docket’ in Abortion Ruling Fuels Criticism”: Kimberly Robinson and Jordan Rubin of Bloomberg News have this report.

Posted at 4:10 PM by Howard Bashman



“Supreme Court order on Texas abortion ban shows threat to Roe v. Wade”: Robert Barnes of The Washington Post has this report.

Posted at 4:08 PM by Howard Bashman



“The Conservative Justices’ Reasoning in the Texas Abortion Case Is Legal Mansplaining”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Also online at Slate, Susan Matthews has a jurisprudence essay titled “It Was the Plan All Along; The Supreme Court’s Texas abortion ruling is a reminder that the consequences of Trump are still unfolding.”

And Mark Joseph Stern has a jurisprudence essay titled “The Supreme Court Overturned Roe v. Wade in the Most Cowardly Manner Imaginable; In a threadbare, unsigned order released at midnight, five ultraconservative justices functionally abolished the right to abortion.”

Posted at 3:54 PM by Howard Bashman



“The staggering implications of the Supreme Court’s Texas anti-abortion ruling; The Supreme Court just dealt a crippling blow to Roe v. Wade — and to the rule of law”: Ian Millhiser has this essay online at Vox.

Posted at 3:42 PM by Howard Bashman



“‘Unconstitutional chaos’: Biden vows ‘whole-of-government’ response after Texas abortion decision; Biden called the U.S. Supreme Court’s 5-4 ruling ‘an unprecedented assault on a woman’s constitutional rights under Roe v. Wade.'” Rebecca Shabad of NBC News has this report.

Posted at 1:34 PM by Howard Bashman



“McGirt fallout: State appeals courts vacates earlier rulings that dropped state convictions, prison terms.” Curtis Killman of The Tulsa World has this report.

And Chris Casteel of The Oklahoman reports that “Oklahoma court reverses itself in four death penalty cases.”

It does not appear that the State of Oklahoma has yet brought this development to the U.S. Supreme Court‘s attention in the Bosse case now pending on petition for writ of certiorari.

Posted at 11:32 AM by Howard Bashman



“How The Hawaii Supreme Court Has Shaped Policing In The State; Recent rulings have built on decades of precedent in Hawaii that protects individuals from unreasonable government intrusions”: Blaze Lovell of Honolulu Civil Beat has this report.

Posted at 11:25 AM by Howard Bashman



“Supreme Court, Breaking Silence, Won’t Block Texas Abortion Law; The law, which prohibits most abortions after six weeks and went into effect on Wednesday, was drafted by Texas lawmakers with the goal of frustrating efforts to challenge it in federal court”: Adam Liptak, J. David Goodman, and Sabrina Tavernise of The New York Times have this report.

Robert Barnes, Ann E. Marimow, Emily Wax-Thibodeaux, and Caroline Kitchener of The Washington Post report that “Supreme Court refuses to block Texas law banning abortions at six weeks.”

In today’s edition of The Los Angeles Times, David G. Savage and Molly Hennessy-Fiske have a front page article headlined “Supreme Court by 5-4 vote rules Texas may enforce its six-week abortion ban.”

In today’s edition of The Wall Street Journal, Brent Kendall and Jess Bravin have a front page article headlined “Supreme Court Declines to Block Restrictive Texas Abortion Law; New measure, known as the fetal-heartbeat law, bars the procedure after about six weeks of pregnancy.”

John Fritze of USA Today reports that “Supreme Court declines to block Texas abortion law that bans procedure at six weeks.”

Jessica Gresko of The Associated Press reports that “High court divides 5-4 to leave Texas abortion law in place.”

Lawrence Hurley and Andrew Chung of Reuters report that “U.S. Supreme Court declines to block Texas abortion ban.” And Hurley has a news analysis headlined “Texas abortion ban opens up ‘Wild West’ of enforcement, critics say.”

Greg Stohr of Bloomberg News reports that “Supreme Court Lets Texas Six-Week Abortion Ban Stay in Force.”

Ariane de Vogue of CNN reports that “Supreme Court denies request to stop Texas 6-week abortion ban, with John Roberts and liberals dissenting.”

Adam Edelman of NBC News reports that “Supreme Court declines to block Texas’ restrictive abortion law, dealing a blow to Roe v. Wade; The law allows private citizens to enforce the ban through lawsuits against abortion providers or others who help women get the procedure.”

Josh Gerstein of Politico reports that “Supreme Court declines to block Texas abortion law; Justices split, 5-4, as Chief Justice John Roberts joins the court’s liberals in dissent.”

John Kruzel and Colin Meyn of The Hill report that “Supreme Court declines to block Texas abortion law.”

Zoe Tillman of BuzzFeed News reports that “The Supreme Court Officially Refused To Stop Texas’s New Abortion Ban; The law bans abortions after the sixth week of pregnancy and deputizes private citizens to file lawsuits to enforce it.”

Reese Oxner of The Texas Tribune reports that “U.S. Supreme Court refuses to block Texas’ six-week abortion ban; The decision came as major abortion providers in the state said they had canceled most of their abortion appointments as advocates fretted that abortions had been all but banned in the state.”

Erik De La Garza of Courthouse News Service reports that “Supreme Court denies emergency stay of Texas abortion ban; A state law criminalizing abortions after six weeks that hands enforcement power over to private citizens took effect Wednesday, effectively banning the procedure for most Texas women.”

And on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “Supreme Court Upholds New Texas Abortion Law, For Now.”

You can access last night’s 5-to-4 order of the U.S. Supreme Court, and the dissents therefrom, at this link.

Posted at 9:00 AM by Howard Bashman



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

Posted at 8:40 AM by Howard Bashman