How Appealing



Wednesday, October 6, 2021

“Supreme Court Clerks, October Term 2011: Where Are They Now? And which justices have the most high-powered clerk cohorts?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:46 PM by Howard Bashman



“Professor Vladeck Offers Senate Testimony on Texas’s Abortion Ban and the Shadow Docket”: Texas Law News has this report.

Posted at 6:02 PM by Howard Bashman



“Supreme Court Ethics Rules Are an Embarrassing Joke; What’s worse: that the federal judicial code of conduct is so weak, or that it doesn’t apply to Supreme Court justices at all?” Adam Cohen has this post at Balls and Strikes.

Posted at 1:45 PM by Howard Bashman



“Supreme Court is Back”: You can access the new episode of the “Advisory Opinions” podcast, featuring David French and Sarah Isgur, via this link.

Posted at 1:32 PM by Howard Bashman



“Supreme Court considers whether information widely known can be ‘state secret'”: Robert Barnes of The Washington Post has this report.

John Kruzel of The Hill reports that “Supreme Court weighs request for information on CIA’s post-9/11 torture program.”

Earlier, on today’s broadcast of NPR’s “Morning Edition,” Nina Totenberg had an audio segment titled “The Supreme Court considers whether the CIA’s black sites are state secrets.”

And in commentary, online at Vox, Ian Millhiser has an essay titled “The Supreme Court confronts the CIA’s worst-kept secret; Can America’s legacy of torture be a ‘state secret’ if it isn’t even a secret?

The U.S. Supreme Court has posted online the transcript and audio of oral argument in United States v. Zubaydah, No. 20-827.

Posted at 1:26 PM by Howard Bashman



“Abortion, gun control, death penalty: How this US Supreme Court could change America”: Anthony Zurcher of BBC News has this report.

Posted at 1:18 PM by Howard Bashman



“Police identify suspect taken from ‘suspicious vehicle’ in front of Supreme Court”: Whitney Wild of CNN has this report.

Posted at 1:16 PM by Howard Bashman



“The Supreme Court isn’t political — and reversing Roe v. Wade wouldn’t make it so”: Michael O’Neill has this essay online at The Hill.

Posted at 1:15 PM by Howard Bashman



“What if the Supreme Court reverses Roe v. Wade?” Elaine Kamarck has this post at the “FixGov” blog of the Brookings Institution.

Posted at 1:12 PM by Howard Bashman



“Dan Markel murder: Judge OKs delay in Magbanua trial until February 2022; After a mistrial two years ago, Magbanua will next face trial Feb. 14.” Karl Etters of The Tallahassee Democrat recently had this report.

Posted at 1:10 PM by Howard Bashman



“The Supreme Court Could Save Tribal Sovereignty — or Demolish It; The Roberts court may have no choice but to resolve a sprawling case that threatens the Indian Child Welfare Act and the legal regime that has supported Native people”: Matt Ford of The New Republic has this report.

Posted at 1:02 PM by Howard Bashman



Tuesday, October 5, 2021

“Abortion rights advocates, in ‘legal limbo,’ go out of state to try to block Texas law”: Ann E. Marimow of The Washington Post has this report.

Posted at 8:40 PM by Howard Bashman



“Justices hear arguments in Michigan case of prisoner seeking new trial”: Melissa Nann Burke of The Detroit News has this report.

Todd Spangler of The Detroit Free Press reports that “Michigan attorney to be first Arab American Muslim woman to argue before Supreme Court.”

And Jordan S. Rubin of Bloomberg Law reports that “First Arab-American Muslim Woman Argues at U.S. High Court.”

The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in Brown v. Davenport, No. 20-826.

Posted at 8:20 PM by Howard Bashman



“Judge blocks two Oklahoma abortion laws; declines to act against three others”: Nolan Clay of The Oklahoman has this report.

Barbara Hoberock of The Tulsa World reports that “State agrees 2 abortion laws are unconstitutional; three other new abortion laws still to go into effect Nov. 1 pending legal challenge.”

And David Lee of Courthouse News Service reports that “Oklahoma judge allows three new abortion laws to stand, but blocks near-total ban; The near-total ban would have mirrored Texas law, even as Texans seeking abortions after six weeks have been going to Oklahoma for the procedure.”

Posted at 8:12 PM by Howard Bashman



“Texas has all but banned abortion. But a Mississippi law could be what ends Roe v. Wade. If the U.S. Supreme Court overturns Roe v. Wade, ‘trigger laws’ across 12 states — including Texas — that ban all abortions will go into effect within months.” Neelam Bohra of The Texas Tribune has this report.

Posted at 8:08 PM by Howard Bashman



“The Judicial Rejection of Race-Based Covid Relief; New race- and gender-based programs raise constitutional questions about who is ‘socially and economically disadvantaged'”: George R. La Noue has this post at the “Law & Liberty” blog.

Posted at 7:06 PM by Howard Bashman



“One of NY’s most senior judges barred from courthouse over COVID-19 vaccine”: Larry Celona and Rebecca Rosenberg of The New York Post have an article that begins, “One of the state’s most senior judges has refused to get vaccinated or seek a medical exemption — and can no longer enter the courthouse, The Post has learned. Associate Court of Appeals Judge Jenny Rivera is the only state jurist out of a total of approximately 1,300 who declined the jab and failed to apply for a medical or religious waiver.”

Posted at 5:30 PM by Howard Bashman



“Thomas Keeps Asking Questions as Justices Return to Courtroom”: Kimberly Strawbridge Robinson of Bloomberg Law has a report that begins, “Justice Clarence Thomas has asked the first question in all four oral arguments so far this term, a notable turnabout for someone who once stayed quiet on the bench for more than a decade.”

Posted at 5:16 PM by Howard Bashman



Monday, October 4, 2021

“The Misused Concept of ‘Discrimination’ and why SCOTUS Should not Hear the Harvard Affirmative Action Case”: Eric Segall has this blog post at “Dorf on Law.”

Posted at 9:32 PM by Howard Bashman



“If Men Needed the Abortions . . .” Columnist Charles M. Blow has this op-ed in today’s edition of The New York Times.

Posted at 8:22 PM by Howard Bashman



“Lawyers urge California bar to probe key advisor’s role in Trump bid to overturn 2020 election”: David G. Savage of The Los Angeles Times has a report that begins, “A group of prominent lawyers, including former governors and judges, urged the California bar on Monday to launch an investigation into John C. Eastman’s role in advising President Trump on how he could overturn his election defeat, including by having his vice president refuse to count the electoral votes in seven states won by President Biden.”

Posted at 7:53 PM by Howard Bashman



“One Justice Missing and Only One Masked, the Supreme Court Returns; As a term packed with major cases begins, much has changed since the last in-person arguments took place in March 2020”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court takes the bench after long absence, but things have changed.”

Brent Kendall of The Wall Street Journal reports that “Supreme Court Returns for New Term — With Scant Courtroom Audience; High court hears in-person arguments for first time since onset of Covid-19 pandemic, as Justice Barrett makes first appearance on bench.”

John Fritze of USA Today reports that “Supreme Court (mostly) returns to the courtroom for first time since COVID-19 pandemic began.”

Alex Swoyer of The Washington Times reports that “Supreme Court convenes in person for first time in 18 months.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “The Supreme Court has begun its new term.”

Posted at 7:50 PM by Howard Bashman



“Texas Supreme Court refuses to resume a Planned Parenthood lawsuit challenging new state abortion law; Planned Parenthood had requested that the court reverse a decision to indefinitely pause the lawsuit, which was filed in Travis County district court”: Reese Oxner of The Texas Tribune has this report.

Posted at 7:40 PM by Howard Bashman



“The Supreme Court’s conservatives now have free rein. Here’s how your rights will change.” Law professor Erwin Chemerinsky has this op-ed in today’s edition of The Los Angeles Times.

Posted at 3:46 PM by Howard Bashman



“Clarence Thomas comes out fast with questions in new Supreme Court in-person argument format; Thomas, who was notoriously quiet before the pandemic, asked the first question of the new term”: Tyler Olson of Fox News has this report.

The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in Mississippi v. Tennessee, No. No. 143 Orig.

In other news coverage of this case, Pamela King of Greenwire reports that “Supreme Court grills Miss. on unusual groundwater claim.”

Posted at 3:28 PM by Howard Bashman