How Appealing



Wednesday, September 15, 2021

“The Broader Problem With Amy Coney Barrett Promising the Court Isn’t Partisan: It was transparently absurd to do this at a celebration of Mitch McConnell; But the real issue goes deeper than that.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 7:53 PM by Howard Bashman



“Lower the Bar for Legal Eagles Who Don’t Go to Law School; You shouldn’t need three years of ABA-accredited education to provide basic advice on a contract”: Clifford Winston will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 7:48 PM by Howard Bashman



“Can Even God Save the Supreme Court? Justices Stephen Breyer and Amy Coney Barrett share at least one opinion: The Supreme Court is in trouble.” Columnist Daniel Henninger will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 7:38 PM by Howard Bashman



“The Supreme Court doesn’t just suffer from political hackery. It’s more insidious than that.” Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.

Posted at 5:42 PM by Howard Bashman



Demand Justice has launched the website “Balls and Strikes: The purest applesauce imaginable.” Editor-in-Chief Jay Willis has posts titled “Welcome to Balls & Strikes: Who we are, what we’re doing, and how you can be a part of it” and “Legal Journalism Is Broken; The conservative takeover of the Court is putting traditional legal media to the test; The results are not encouraging.”

Elie Mystal has a post titled “The Brutal Efficiency of the Supreme Court’s Shadow Docket; The Court’s ’emergency’ docket is now where this conservative supermajority does its most dangerous work.”

And U.S. Representative Mondaire Jones (D-NY) has a post titled “The Roberts Court Has Normalized Racism in America; ‘As an openly gay, Black American, I don’t have the luxury of standing by idly as this Court takes a hatchet to my civil rights.’

Posted at 1:35 PM by Howard Bashman



“In asking for emergency halt on Texas ban, Justice Dept. describes women, girls desperately seeking abortions out of state”: Ann E. Marimow and Caroline Kitchener of The Washington Post have this report.

Katie Benner of The New York Times reports that “Justice Dept. Asks Judge to Block Texas’ Restrictive Abortion Law; The department sued Texas last week over its recently enacted law, which prohibits nearly all abortions in the state.”

Kevin Johnson of USA Today reports that “Justice Department seeks emergency order to block Texas abortion ban enforcement.”

Emily Zantow of The Washington Times reports that “DOJ seeks emergency block of Texas abortion law.”

You can access the federal government’s emergency motion for a temporary restraining order or preliminary injunction at this link.

Posted at 1:23 PM by Howard Bashman



“Labels Matter: How Professor Jack Balkin Snookered Justice Kagan and Others to Fuel Faux Originalism.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 1:12 PM by Howard Bashman



“When Will I Stop Juggling Your Heirloom China?” Sarah Lazarus in the voice of Justice Stephen Breyer has this essay online at Crooked Media.

Posted at 1:10 PM by Howard Bashman



“Pa. cop who coerced women into performing sex acts can’t be forced to register as a sex offender, U.S. court says”: Matt Miller of The Patriot-News of Harrisburg, Pennsylvania has a report that begins, “A former Pennsylvania police officer who is serving a 15-year federal prison term for using his badge to force two women to perform sex acts cannot be required to register as a sex offender, a U.S. appeals court ruled Tuesday.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 10:52 AM by Howard Bashman



“Appeals court considers blood-alcohol test in fatal Acadia crash; A blood sample indicated the driver was intoxicated, but a judge said it could not be used as evidence because there was no warrant”: Megan Gray of The Portland Press Herald had this report back in April 2021.

Earlier, in related coverage, Bill Trotter of The Bangor Daily News had an article in August 2020 headlined “Nearly a year ago, a long-awaited trip to Acadia became park’s deadliest crash ever.”

Yesterday, a three-judge panel of the U.S. Court of Appeals for the First Circuit, with one judge concurring dubitante, issued this decision reversing the suppression of the blood-alcohol test results.

Posted at 10:45 AM by Howard Bashman



“The Late Show with Stephen Colbert” has posted three videos on YouTube of Justice Stephen G. Breyer’s appearance on last night’s show: The video clips are titled “Justice Breyer Reveals Why He Didn’t ‘Respectfully’ Dissent The SCOTUS Ruling On Texas,” “‘It’s Up To The High School Students’ — Justice Breyer On The Future Of America’s Institutions,” and “Justice Stephen Breyer Addresses Speculation About His Retirement Plans.”

Posted at 8:52 AM by Howard Bashman