How Appealing



Tuesday, October 12, 2021

“On the Sacketts and S.B. 8: Governments should not design laws and regulations to frustrate judicial review.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 1:42 PM by Howard Bashman



“Courts Are Making the Climate Crisis Worse; For decades, judges have relied on the formalities of legal process to avoid intervening in the climate crisis”: Alda Yuan has this post at Balls and Strikes.

Posted at 1:28 PM by Howard Bashman



“Will The Supreme Court Reinstate A Death Sentence For Boston Marathon Bomber?” Daniel Medwed and Sean Corcoran of NPR affiliate WGBH in Boston have this report.

Posted at 1:24 PM by Howard Bashman



“Supreme Court ends legal clash over border wall spending; The brief order means the once-potentially epic case will leave little lasting mark in the law”: Todd Ruger of Roll Call has this report.

Posted at 1:20 PM by Howard Bashman



“Trial starts in Rio Grande Supreme Court water lawsuit between New Mexico and Texas”: Danielle Prokop of El Paso Matters recently had this report.

Posted at 9:35 AM by Howard Bashman



Monday, October 11, 2021

“What the Front Line of the U.S. Abortion Fight in Kentucky Looks Like Now: From a new Texas law to the gantlet outside a Kentucky clinic, abortion rights are under attack in the U.S.; The Supreme Court may have the final word.” Greg Stohr of Bloomberg News has this report.

Posted at 9:20 PM by Howard Bashman



“John Roberts is no longer the leader of his own court. Who, then, controls it? Chief justice no longer sits in supreme court’s ideological center and has lost the power to cast the deciding vote in any ruling.” Stephanie Kirchgaessner of The Guardian (UK) has this report.

Posted at 9:16 PM by Howard Bashman



“He was high on magic mushrooms when he killed his father. Can he use ‘extreme intoxication’ as a defense?” Amanda Coletta of The Washington Post has this report.

Earlier, Leah McLaren had an article in Maclean’s headlined “Does Thomas Chan belong in prison? At 19, he killed his father while high on drugs; His case is headed to the Supreme Court in one of the most polarizing legal challenges in a generation.”

This case will be orally argued tomorrow before the Supreme Court of Canada.

Posted at 8:50 PM by Howard Bashman



“Eleventh Circuit Chief Judge Isn’t Talking About New Clerk Mired in Controversy Over Racist Rant; The controversy brings up questions about the court’s vetting process for judicial clerks; But Chief Judge William Pryor is not answering them”: Katheryn Hayes Tucker of The Fulton County (Ga.) Daily Report has this coverage.

Posted at 4:51 PM by Howard Bashman



“Stash-House Stings Carry Real Penalties for Fake Crimes; The undercover operations seem like entrapment, but their targets can receive long sentences — sometimes even harsher than those for genuine crimes”: Rachel Poser has this American Chronicles article in the October 18, 2021 issue of The New Yorker.

Posted at 4:14 PM by Howard Bashman



“Alito, Texas Abortion and the Shadow Docket: Déjà vu All Over Again?” Austin Sarat and Dennis Aftergut have this essay online at Justia’s Verdict.

Posted at 1:30 PM by Howard Bashman



“Social Media Regulation, The Limits of Originalism, and the Supreme Court’s Obsession with Free Speech”: Eric Segall has this blog post at “Dorf on Law.”

Posted at 1:17 PM by Howard Bashman



Sunday, October 10, 2021

“Maria McLaughlin is the right choice for the Pa. Supreme Court; Privacy rights for voters and abortion access are among the issues likely to be heard by the court in the near future; McLaughlin can be counted on to safeguard the rights we value most”: The Philadelphia Inquirer has published this editorial.

Posted at 1:38 PM by Howard Bashman



Saturday, October 9, 2021

“Marathon bomber faces revived death sentence in high court”: Mark Sherman and Alanna Durkin Richer of The Associated Press have this report.

Posted at 3:37 PM by Howard Bashman



“What abortion access looks like in America even before the Supreme Court reconsiders Roe v. Wade”: Tierney Sneed of CNN has this report.

Posted at 3:15 PM by Howard Bashman



“Texas’ restrictive abortion law temporarily restored by federal appeals court”: Madlin Mekelburg of The Austin American-Statesman has this report.

J. David Goodman of The New York Times reports that “Most Abortions in Texas Are Banned Again After Court Ruling; A federal appeals court panel temporarily reinstated the law that bans most abortions after six weeks of pregnancy while it considers a district judge’s ruling.”

Ann E. Marimow of The Washington Post reports that “Appeals court reinstates Texas’s six-week abortion ban, two days after it was lifted.”

Zoe Tillman and Matt Berman of BuzzFeed News report that “Texas’s Six-Week Abortion Ban Is Back On After An Appeals Court Paused A Judge’s Injunction; SB 8 is in effect again after the 5th Circuit Court of Appeals issued a temporary stay after a judge blocked the ban on Wednesday.”

And Reese Oxner of The Texas Tribune reports that “Appeals court allows Texas abortion law to resume, stopping federal judge’s order to block its enforcement; Because of the way the law is written, it appears that clinics and doctors who performed abortions outlawed by the statute even while the block was in effect would now be vulnerable to lawsuits.”

You can access last night’s per curiam order of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 1:03 PM by Howard Bashman



“Apple Filing Notice of Appeal in Epic Antitrust Case, Looks to Stay In-App Injunction; The iPhone maker wants a stay on judge’s order to open in-app communications that could allow cheaper payment options”: Tim Higgins has this article in today’s edition of The Wall Street Journal.

Posted at 10:30 AM by Howard Bashman



Friday, October 8, 2021

“Texas Abortion Ruling Overcame a Ban Designed to Thwart Courts; The state asked a conservative-leaning appellate court to lift the injunction that blocked its near-total abortion ban”: Jacob Gershman of The Wall Street Journal has this report.

Posted at 9:48 PM by Howard Bashman



“SC’s 4th Circuit Judge Floyd signals intent to semi-retire, leaving vacancy for Biden”: John Monk of The State of Columbia, South Carolina recently had this report.

Posted at 8:35 PM by Howard Bashman



“Oregon Supreme Court ruling could end death sentences for many; Death penalty opponents expect the Thursday ruling will overturn many of the state’s death sentences”: Conrad Wilson and Dirk VanderHart of Oregon Public Broadcasting have this report on a ruling that the Supreme Court of Oregon issued yesterday.

Posted at 7:48 PM by Howard Bashman