How Appealing



Sunday, October 31, 2021

“U.S. Military Jury Condemns Terrorist’s Torture and Urges Clemency; Seven senior officers rebuked the government’s treatment of an admitted terrorist in a handwritten letter from the jury room at Guantánamo Bay”: Carol Rosenberg will have this article in Monday’s edition of The New York Times.

Posted at 9:38 PM by Howard Bashman



“In Texas Abortion Law Case, a Spotlight on Brett Kavanaugh; If the Supreme Court is to reverse course after refusing to block the law in September, at least one conservative justice must change positions; Justice Kavanaugh is the most likely candidate”: Adam Liptak of The New York Times has this report.

Posted at 9:26 PM by Howard Bashman



“The Texas Abortion Case That Isn’t; The Supreme Court isn’t hearing a challenge to Roe v. Wade“: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:45 PM by Howard Bashman



“During Jan. 6 riot, Trump attorney told Pence team the vice president’s inaction caused attack on Capitol”: Josh Dawsey, Jacqueline Alemany, Jon Swaine, and Emma Brown of The Washington Post have this report.

Posted at 10:40 AM by Howard Bashman



“Trump is right: Former presidents can assert executive privilege; He might not win his case, but his argument has merit.” Law professor Saikrishna Prakash has this essay in today’s edition of The Washington Post.

Posted at 10:28 AM by Howard Bashman



“‘No decision of this Court is safe’: What’s at stake in the Texas abortion case.” Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.

Posted at 10:22 AM by Howard Bashman



Saturday, October 30, 2021

“Utah Supreme Court Justice Deno Himonas retires, plans return to private sector; Justice Deno Himonas plans to transition to a major law firm after almost two decades in public service”: Jordan Miller of The Salt Lake Tribune has this report.

Posted at 10:22 PM by Howard Bashman



“Supreme Court Denies Religious Exemption to State Vaccine Mandate for Healthcare Workers; Doctor, others in Maine sought emergency order blocking requirement”: Jess Bravin has this article in today’s edition of The Wall Street Journal.

You can access yesterday’s 6-to-3 order of the U.S. Supreme Court, and the concurrence therein and dissent therefrom, at this link.

Posted at 10:02 PM by Howard Bashman



“Abortions Fell by Half in Month After New Texas Law”: Claire Cain Miller, Quoctrung Bui, and Margot Sanger-Katz have this post at The Upshot site of The New York Times.

Posted at 9:56 PM by Howard Bashman



“Supreme Court embarks on most dramatic reckoning for abortion rights in decades”: Robert Barnes of The Washington Post has this report.

Posted at 9:46 PM by Howard Bashman



Friday, October 29, 2021

“Comedian Mike Ward’s mockery of disabled singer not discriminatory, Supreme Court rules”: Sean Fine of The Toronto Globe and Mail has this report.

Paul Cherry of The Montreal Gazette reports that “Supreme Court rules in favour of comedian Mike Ward in Jérémy Gabriel case; The Montreal comedian’s lawyer, Julius Grey, argued the jokes were aimed at Gabriel as a celebrity and not because of his disabilities.”

Brian Platt of National Post reports that “Supreme court affirms free speech rights of Quebec comedian who mocked disabled boy; The court also reprimanded Quebec’s Human Rights Tribunal for taking on discrimination cases based solely on expression.”

Amanda Coletta of The Washington Post has a report headlined “He mocked a disabled boy in a comedy bit. Canada’s Supreme Court found his words were ‘disgraceful’ but not discriminatory.”

Jim Bronskill and Sidhartha Banerjee of The Canadian Press have a report headlined “Comedian Mike Ward’s mockery of disabled singer not discriminatory: Supreme Court.”

Peter Zimonjic of CBC News reports that “Comedian who mocked disabled child singer did not breach limits of free speech: Supreme Court; Case pitted Quebec comedian Mike Ward against former child singer Jérémy Gabriel.”

You can access today’s 5-to-4 ruling of the Supreme Court of Canada at this link.

Posted at 10:54 PM by Howard Bashman



“This Idaho native and Boise High graduate was just confirmed as U.S. solicitor general”: Kevin Fixler of The Idaho Statesman has this report.

Posted at 8:45 PM by Howard Bashman



In which attorney Jonathan F. Mitchell, credited as the devious mind behind Texas’s S.B. 8, presumably demonstrates that he knows how to correctly pronounce “Chick-fil-A”: Yesterday, the Supreme Court of Texas heard oral argument in Von Dohlen v. City of San Antonio.

In news coverage of the oral argument, Kirk McDaniel of Courthouse News Service reports that “San Antonio claims immunity from suit over Chick-fil-A rejection; In a case challenging San Antonio’s rejection of an airport Chick-fil-A restaurant, the highest court in Texas heard debate over a controversial state law allowing citizens to sue government entities for taking action against religious groups.”

And Paul Flahive of Texas Public Radio reports that “Texas Supreme Court hears oral arguments in San Antonio’s 2019 Chick-fil-A case.”

Mitchell will be one of the attorneys arguing the S.B. 8-related cases Monday at the U.S. Supreme Court.

Not every deeply conservative #SCOTUS practitioner is an expert in pronouncing Chick-fil-A, as I noted in my post from March 27, 2014 titled “Paul D. Clement stakes out latest controversial position — how to pronounce the ‘A’ in Chick-fil-A.”

Posted at 8:26 PM by Howard Bashman



“Prelogar to Make Solicitor General Debut in Texas Abortion Cases”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:25 PM by Howard Bashman



“The Supreme Court Can’t Fix America’s Gun Violence Crisis; In the hands of a conservative Supreme Court, the hard question of how to keep people safe is reduced to part academic debate, part arms race”: Jay Willis has this post at Balls and Strikes.

Posted at 1:23 PM by Howard Bashman



“For First Time in Public, a Detainee Describes Torture at C.I.A. Black Sites; In a sentencing hearing, Majid Khan, a Pakistani who lived in suburban Baltimore before joining Al Qaeda, detailed dungeonlike conditions and episodes of abuse”: Carol Rosenberg of The New York Times has this report.

Posted at 1:18 PM by Howard Bashman



“Conservatives Want the Texas Abortion Law Case to Be About Anything But Abortion; Activists have spent years trying to immunize anti-choice laws from judicial review; With a conservative Court supermajority in power, that goal is suddenly within reach”: Lisa Needham has this post at Balls and Strikes.

Posted at 1:16 PM by Howard Bashman



“In battle at Supreme Court over N.Y. gun law, a surprising split among conservatives”: Ann E. Marimow of The Washington Post has this report.

Posted at 1:14 PM by Howard Bashman



Thursday, October 28, 2021

“If Roe v. Wade is overturned, the closest abortion clinic for those in the South and Midwest could be hundreds of miles away, report says”: Nicole Asbury of The Washington Post has this article.

Posted at 9:20 PM by Howard Bashman



“What to Know About the Mississippi Abortion Law Challenging Roe v. Wade; A case coming before the Supreme Court is seen as potentially pivotal in establishing how aggressively the justices might move to place new constraints on abortion rights”: Adeel Hassan of The New York Times has this report.

Posted at 9:00 PM by Howard Bashman



“Texas ban on 6-week abortions at brink of Supreme Court showdown; The Lone Star State has the country’s toughest restrictions on terminating pregnancy — banning abortion at a threshold by which many women would not even know they have conceived — and has free rein to enforce the law until the justices resolve a pair of challenges”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 8:44 PM by Howard Bashman



“Jailed over Facebook taunts: Free-speech battle hits 1st Circuit; Thirteen states make defamation a crime, but a federal appeals panel seemed divided Thursday over whether it’s constitutional to prosecute people for saying mean things.” Thomas F. Harrison of Courthouse News Service has this report.

And Todd Bookman of New Hampshire Public Radio has a report headlined “Following the arrest of an Exeter man, ACLU asks appeals court to rule criminal defamation law unconstitutional.”

You can access via this link the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the First Circuit.

Posted at 8:40 PM by Howard Bashman



“Battle over qualified immunity protections continues in Massachusetts despite Supreme Court duck”: Erin Tiernan of The Boston Herald has this report.

Posted at 8:20 PM by Howard Bashman