How Appealing



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



“The Supreme Court has a chance to shed light on a secretive judicial process”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 1:04 PM by Howard Bashman



“Senate battles over Supreme Court ‘shadow docket’ in the wake of Texas abortion law”: John Fritze of USA Today has this report.

Posted at 1:02 PM by Howard Bashman



“#036: Carl Cecere — Appellate Lawyer and Solo Practitioner.” You can access today’s new episode of the “How I Lawyer Podcast with Jonah Perlin” via this link.

Posted at 10:22 AM by Howard Bashman



“The Supreme Court’s Charm Offensive: Three out of nine justices really want you to know they are not partisan.” You can access this week’s episode of Slate’s “Amicus” podcast featuring Dahlia Lithwick, with her guests — the hosts of the “Strict Scrutiny” podcast, via this link.

And would you believe that this week’s new installment of the “Strict Scrutiny” podcast, titled “Hashtag YOLO,” features Dahlia Lithwick as its guest.

Posted at 8:55 AM by Howard Bashman



“9 high-stakes issues the Supreme Court will take up this coming term; Abortion, guns, regulation — conservatives are poised for a big year as a Supreme Court heavily tilted toward their side returns to work”: Ian Millhiser has this essay online at Vox.

Posted at 8:50 AM by Howard Bashman



“Discussing The John Eastman Memo with John Eastman”: You can access this week’s installment of the “Another Way” podcast by Lawrence Lessig via this link.

Posted at 8:45 AM by Howard Bashman