How Appealing



Monday, October 18, 2021

Programming note: On Tuesday morning, I will be presenting oral argument in two related appeals to a three-judge panel of the Superior Court of Pennsylvania at a special sitting at the Tioga County Court House in Wellsboro, Pennsylvania (depicted here in my tweet from earlier today). As a result, additional posts will not appear here until Tuesday afternoon or evening.

This will be my first in-person appellate oral argument since early March 2020. (That appeal, after a bit of a wait, thankfully had a favorable outcome for my client.)

Posted at 10:03 PM by Howard Bashman



“University of North Carolina Can Keep Affirmative Action, Judge Rules; Students for Fair Admissions vowed to immediately appeal in a case that appears destined for the Supreme Court”: Stephanie Saul of The New York Times has this report.

Posted at 8:53 PM by Howard Bashman



“Once Again, the Most Important Supreme Court Term Ever; ‘Momentous’ has been used repeatedly for more than a century to describe each new session as justices weigh issues that resonate in their time”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 7:55 PM by Howard Bashman



“Justice Department Asks Supreme Court to Block Texas Abortion Law; Saying the law is ‘plainly unconstitutional,’ the department also asked the court to add the case to its docket in its current term”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Justice Department asks Supreme Court to stop Texas abortion law.”

David G. Savage of The Los Angeles Times reports that “Justice Department urges Supreme Court to suspend Texas abortion law.”

Brent Kendall of The Wall Street Journal reports that “Justice Departments Asks Supreme Court to Block Texas Abortion Law; Government’s emergency appeal forces high court to confront Texas ban on most abortions for second time in a matter of weeks.”

John Fritze of USA Today has a report headlined “Texas’ six-week abortion ban: Biden administration takes case back to Supreme Court.”

Emily Zantow and Alex Swoyer of The Washington Times report that “Justice Department asks Supreme Court to block Texas abortion law.”

Mark Sherman of The Associated Press reports that “Biden team asks Supreme Court to pause Texas abortion law.”

Andrew Chung and Lawrence Hurley of Reuters report that “Biden administration asks U.S. Supreme Court to block Texas abortion law.”

Greg Stohr of Bloomberg News reports that “Justice Department Asks Supreme Court to Lift Texas Abortion Ban.”

Pete Williams of NBC News reports that “Justice Department asks Supreme Court to block Texas abortion law; It’s the second challenge of the law to reach the court on an emergency appeal.”

Ariane de Vogue of CNN reports that “Justice Department asks Supreme Court to block Texas’ 6-week abortion ban.”

Harper Neidig of The Hill reports that “Justice formally asks Supreme Court to block ‘plainly unconstitutional’ Texas abortion law.”

And Erik De La Garza of Courthouse News Service reports that “Biden DOJ formally asks Supreme Court to block Texas abortion law; It is the third time the nation’s highest court has been asked to step in and block Texas’ near-total abortion ban.”

The U.S. Department of Justice today filed this Application to Vacate Stay of Preliminary Injunction in the U.S. Supreme Court.

Posted at 4:28 PM by Howard Bashman