How Appealing



Friday, October 8, 2021

“Could the Supreme Court Revive the Trump Administration’s ACE Rule? The D.C. Circuit rejected the Trump Administration’s approach to regulating power plant emissions of greenhouse gases. Some states and industry groups want the Supreme Court to take a look.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

Posted at 4:11 PM by Howard Bashman



“Will the Supreme Court Bail Out Trump? As the former president faces new legal challenges, the top court may not be as friendly as he hopes.” Jonathan Bernstein has this essay online at Bloomberg Opinion.

Posted at 4:08 PM by Howard Bashman



“If the Supreme Court doesn’t want to be seen as partisan, it should show us the money; The court should adopt stricter ethics rules that would require justices to more fully disclose financial ties, gifts, and other emoluments and also require recusal when conflicted parties come before the court”: Columnist Kimberly Atkins Stohr has this op-ed in today’s edition of The Boston Globe.

Posted at 4:02 PM by Howard Bashman



“Explainer: The Texas abortion law’s swift impact, and future.” Paul J. Weber and Jessica Gresko of The Associated Press have this report.

Posted at 1:30 PM by Howard Bashman



“Supreme Court Notebook: Don’t stand so close to us.” Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 1:25 PM by Howard Bashman



Thursday, October 7, 2021

“Arguments surrounding constitutionality of bump stocks hit the Fifth Circuit; An attorney representing bump stock owners said during oral arguments Wednesday that Congress outlawed machine guns because of the mechanism rather than the rapid fire capability”: Sabrina Canfield of Courthouse News Service has this report.

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

Posted at 9:10 PM by Howard Bashman



“In a new podcast, Anita Hill and Christine Blasey Ford converse for the 1st time”: This audio segment appeared on this evening’s broadcast of NPR’s “All Things Considered.”

You can access the available episodes of the “Because of Anita” podcast via this link.

Posted at 9:02 PM by Howard Bashman



“Some Texas Clinics Resume Abortions After Judge’s Ruling; At least six clinics had returned to performing the procedure, but most of the state’s roughly two dozen abortion clinics were waiting, weighing the risks under the new law”: Sabrina Tavernise and Ruth Graham of The New York Times have this report.

Caroline Kitchener, Emily Wax-Thibodeaux, Ann E. Marimow, and Casey Parks of The Washington Post report that “Despite latest court ruling blocking Texas abortion law, most providers are still reluctant to defy ban.”

Elizabeth Findell of The Wall Street Journal reports that “Texas Abortions Pick Up After Federal Judge Allows Them; Clinics say they are moving cautiously because a state law imposing a near ban on abortions allows retroactive lawsuits if the injunction is overturned.”

Emily Zantow and Alex Swoyer of The Washington Times report that “Texas will appeal judge’s order blocking state’s fetal-heartbeat abortion law.”

And Karen Brooks Harper of The Texas Tribune reports that “At least one major Texas abortion provider resumes procedure lawmakers tried to prohibit, after judge blocks near-total ban; The ruling late Wednesday from U.S. District Judge Robert Pitman doesn’t protect providers who perform abortions while the Texas law makes its way through the courts.”

Posted at 8:55 PM by Howard Bashman



“Dozens of states have tried to end qualified immunity. Police officers and unions helped beat nearly every bill.” Kimberly Kindy of The Washington Post has this report.

Posted at 8:40 PM by Howard Bashman



“Christian Conservative Lawyer Had Secretive Role in Bid to Block Election Result; Drafts of a lawsuit filed with Supreme Court by Texas’ attorney general in December had been circulated by the leader of an anti-abortion group”: Eric Lipton and Mark Walker of The New York Times have this report.

Posted at 8:26 PM by Howard Bashman



“Abortion in Texas and the Judiciary: A federal judge abuses his authority as much as the Lone Star State law does.” The Wall Street Journal has published this editorial.

Posted at 8:14 PM by Howard Bashman



“How Courts Robbed Juries of a Powerful Tool for Doing Justice; Jury nullification is a pre-colonial tool that allows jurors to send a message to the state that certain criminal prosecutions are unacceptable; But for centuries, courts have been working out to hollow that right”: Jordan Paul has this post at Balls and Strike.

Posted at 1:23 PM by Howard Bashman



“A Guantanamo Detainee’s Case Has Been Languishing Without Action Since 2008. The Supreme Court Wants to Know Why. Thirteen years ago, suspected terrorist Abu Zubaydah filed a petition challenging the legality of his detention. In a Supreme Court hearing about state secrets, justices asked why federal courts have declined to rule on the case.” Raymond Bonner has this report online at ProPublica.

Posted at 1:09 PM by Howard Bashman



“In Akron, Supreme Court to Resume Off-Site Program”: Csaba Sukosd of Court News Ohio has a report that begins, “After a two-year hiatus, the Ohio Supreme Court is taking its oral arguments back on the road.”

Posted at 1:04 PM by Howard Bashman



“From Savannah to Supreme Court Justice: Clarence Thomas statue considered for Atlanta.” Katie Nussbaum of The Savannah Morning News has this report.

Posted at 1:02 PM by Howard Bashman



“UF honors life of Florida’s first Black supreme court justice; Judge Joseph Hatchett was the first Black Florida supreme court justice, state-wide elected official and a pioneer for civil rights”: Christian Casale of The Independent Florida Alligator has this report.

Posted at 12:58 PM by Howard Bashman



“Answer Man: If the U.S. is attacked, Asheville’s Grove Park Inn could host the Supreme Court.” John Boyle of The Asheville (N.C.) Citizen Times has this report.

Posted at 12:56 PM by Howard Bashman



“What SCOTUS Lawyers Look Like: A solo appellate lawyer discusses why he made a photo collage to visualize the diversity of the lawyers arguing before the Supreme Court this term.” Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 9:28 AM by Howard Bashman



“The Supreme Court takes a lie detector test: The justices say they are nonpartisan; Cameron v. EMW Women’s Surgical Center puts that to the test.” Ian Millhiser has this essay online at Vox.

Posted at 9:27 AM by Howard Bashman



“The Supreme Court’s Pain — and Our Anger”: Columnist Linda Greenhouse has this essay online at The New York Times.

Posted at 9:24 AM by Howard Bashman



Wednesday, October 6, 2021

“Federal judge blocks Texas restrictive abortion law”: Madlin Mekelburg of The Austin American-Statesman has this report.

And Zoe Tillman of BuzzFeed News reports that “A Judge Blocked Texas’s 6-Week Abortion Ban; ‘This Court will not sanction one more day of this offensive deprivation of such an important right,’ Judge Robert Pitman wrote.”

You can access this evening’s ruling of the U.S. District Court for the Western District of Texas at this link.

Posted at 9:18 PM by Howard Bashman



“Supreme Court Justices Make a Surprising Proposal in Torture Case; Twenty years after the Sept. 11 attacks, three justices said it was time to hear from the first detainee subjected to brutal interrogation by the C.I.A.” Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Can the U.S. shield a ‘state secret’ that’s not a secret? Supreme Court to decide.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Quizzes Government Ban on ‘Black Site’ Testimony; Justices raise questions about U.S. position that allowing CIA contractors to testify over treatment of detainee Abu Zubaydah would endanger national security.”

John Fritze of USA Today reports that “Supreme Court skeptical of Guantanamo detainee’s request seeking details on CIA ‘black sites.’

Jessica Gresko of The Associated Press reports that “Justices ponder detainee’s rights in Guantanamo secrets case.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court justices ask why a Guantanamo detainee cannot testify.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court pushes government after it sought to block testimony in torture case.”

Posted at 9:12 PM by Howard Bashman