How Appealing



Sunday, November 28, 2021

“Chief Justice John Roberts is at the epicenter of an abortion dispute before the Supreme Court”: Joan Biskupic of CNN has this report.

Posted at 11:00 PM by Howard Bashman



“Ghislaine Maxwell trial set to open in New York, two years after Jeffrey Epstein’s jailhouse suicide”: Shayna Jacobs has this article in today’s edition of The Washington Post.

Posted at 7:04 PM by Howard Bashman



“Mississippi attorney general: Overturning ‘Roe’ will return abortion policy to the people.” Mississippi Attorney General Lynn Fitch has this essay online at The Washington Post.

Posted at 7:00 PM by Howard Bashman



“For Clarence Thomas, avowed critic of Roe v. Wade, Mississippi abortion case a moment long awaited”: Robert Barnes has this front page article in today’s edition of The Washington Post.

Posted at 6:58 PM by Howard Bashman



“Fetal Viability, Long an Abortion Dividing Line, Faces a Supreme Court Test; On Wednesday, the justices will hear the most important abortion case in decades, one that could undermine or overturn Roe v. Wade”: Adam Liptak of The New York Times has this report.

Posted at 6:38 PM by Howard Bashman



“Courts and the Regulatory State: The Supreme Court has a chance to revisit its Chevron deference to runaway bureaucracies.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 6:32 PM by Howard Bashman



“Judges Who Rescind Their Senior Status Announcement Because They Don’t Like Their Replacements; Judges Kanne (CA7) and King (CA4) have started a new trend”: Josh Blackman has this post at “The Volokh Conspiracy.”

And at his “Original Jurisdiction” Substack site, David Lat has a post titled “Judicial Notice (11.27.21): ‘The System Works’; Two landmark victories against racism, the start of Biglaw bonus season, and other legal news from the week that was.”

Posted at 1:28 PM by Howard Bashman



“The Rule of Six: A newly radicalized Supreme Court is poised to reshape the nation.” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 9:50 AM by Howard Bashman



“Libertarian Israeli Think Tank Pushes ‘Conservative’ Judges for Supreme Court; Documents and testimony obtained by Haaretz shed further light on how the political leanings of members of the Judicial Selection Committee play out in the behind-the-scenes appointment process”: Michael Hauser Tov and Chen Maanit of Haaretz have this report.

Posted at 9:48 AM by Howard Bashman



“Virginia Supreme Court takes up court access case in fatal police shooting”: Frank Green of The Richmond Times-Dispatch has this report.

Posted at 9:45 AM by Howard Bashman



“Will the Supreme Court overturn Roe v. Wade? Possible outcomes for the upcoming abortion case; The case could radically change the landscape of abortion access in the United States.” Sam Dorman of Fox News has this report.

Posted at 9:44 AM by Howard Bashman



“Roe vs. Wade in crosshairs at Supreme Court, which sticks with precedent, except when it doesn’t; Abortion rights hinge on justices’ regard for precedent as they weigh Mississippi’s 15-week ban in Dobbs vs. Jackson Women’s Health”: Todd J. Gillman of The Dallas Morning News has this report.

And Kaia Hubbard of U.S. News & World Report has an article headlined “Mississippi Abortion Case Looms With Supreme Court Still Mum on Texas Law; Weeks after the Supreme Court heard arguments on the Texas abortion law, the justices have yet to deliver a decision; And an even more consequential case is less than a week away.”

Posted at 9:42 AM by Howard Bashman



Friday, November 26, 2021

“Guantánamo Bay: Beyond the Prison; With 6,000 residents and the feel of a college campus, the U.S. Navy base has some of the trappings of small-town America, and some of a police state.” Carol Rosenberg of The New York Times has this report.

Posted at 5:42 PM by Howard Bashman



“In Re Lady Lawyers: 141 Years of Women Supreme Court Advocates.” Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:48 PM by Howard Bashman



“Ghislaine Maxwell Trial Will Put Memories of Jeffrey Epstein Accusers on Trial; Defense plans to call memory expert Elizabeth Loftus to cast doubt on accusers’ accounts”: James Fanelli and Corinne Ramey of The Wall Street Journal have this report.

Posted at 1:44 PM by Howard Bashman



Thursday, November 25, 2021

“A Supreme Court Reform We Can All Support: The justices changed their approach to oral arguments this term, to the benefit of everyone; But will they return to the dark ages once the pandemic subsides?” Matt Ford has this essay online at The New Republic.

Posted at 10:02 PM by Howard Bashman



“Fewer patients, smaller staff, an uncertain future: abortion providers await court decision on Texas law; For two months, providers have had to work in a sort of limbo as they wait to see if the new law passes the Supreme Court’s review.” Karen Brooks Harper and Eleanor Klibanoff of The Texas Tribune have this report.

Posted at 9:50 PM by Howard Bashman



“Native Americans are winning at the Supreme Court — with help from Justice Gorsuch”: John Fritze of USA Today has this report.

Posted at 9:48 PM by Howard Bashman



“Republicans Will Be Sorry if the Supreme Court Overturns Roe; A careful read of the polls shows that there could be a furious public backlash if the justices uphold Mississippi’s 15-week abortion ban”: William Saletan has this essay online at Slate.

Posted at 9:37 PM by Howard Bashman



Wednesday, November 24, 2021

“Troutman, a Buffalo judge, named to state Court of Appeals”: Robert J. McCarthy of The Buffalo News has an article that begins, “Shirley Troutman, a Western New York judge for more than three decades, has been appointed by Gov. Kathy Hochul to a vacancy on New York’s highest court — the Court of Appeals.”

Posted at 9:56 PM by Howard Bashman



“Fourth Circuit Judge Rescinds Plans to Give Up Active Role”: Madison Alder of Bloomberg Law has a report that begins, “Judge Robert B. King on Wednesday rescinded plans to step down from active service on the Virginia-based federal appeals court where he’s served for more than two decades.”

Posted at 9:44 PM by Howard Bashman



Tuesday, November 23, 2021

“Epstein’s Final Days: Celebrity Reminiscing and a Running Toilet; Newly released records show the disgraced financier living a mundane existence in jail before his suicide, while also spinning deceptions until the very end.” Benjamin Weiser, Matthew Goldstein, Danielle Ivory, and Steve Eder of The New York Times have this report.

Posted at 10:03 PM by Howard Bashman



“Suing cops takes forever because they get 3 chances to appeal. Why should they? You’re supposed to be able to sue for violations of your rights. But qualified immunity upends the usual process and can stall cases for years.” Raffi Melkonian has this essay online at USA Today.

Posted at 5:14 PM by Howard Bashman



“Supreme Court Rules Against Mississippi in Water-Rights Case; State had argued that the city of Memphis, Tenn., was pumping too much from an underground aquifer that extended under its territory”: Jess Bravin of The Wall Street Journal has this report.

And John Fritze of USA Today reports that “Supreme Court backs Tennessee in water rights dispute with Mississippi.”

Yesterday, Chief Justice John G. Roberts, Jr. delivered the opinion for a unanimous Court in Mississippi v. Tennessee, No. 143, Orig.

Posted at 10:33 AM by Howard Bashman



Monday, November 22, 2021

“Unvaxxed school staff push 2nd Circuit to widen relief against NYC mandate; The hearing comes after a panel already agreed that the claims by teachers and other employees seeking a religious exemption should be put to a panel of New York City officials”: Josh Russell of Courthouse News Service has this report.

Posted at 8:17 PM by Howard Bashman



“Court Urged to Let Jan. 6 Panel See Trump White House Files; In appellate briefs, lawyers for the House and the Justice Department argued against the former president’s claim of executive privilege”: Charlie Savage of The New York Times has this report.

Kyle Cheney of Politico reports that “Release of Trump White House papers key to stopping ‘future attacks on democracy,’ Jan. 6 panel argues; The panel investigating the Capitol attack made its case to a three-judge federal appeals court panel on Monday; Trump is seeking to shield the documents.”

And Harper Neidig of The Hill reports that “Jan. 6 panel tells court it urgently needs Trump records.”

You can access the brief filed today in the U.S. Court of Appeals for the D.C. Circuit at this link. And former President Trump’s brief for appellant, filed last Tuesday, can be accessed here.

Posted at 8:12 PM by Howard Bashman



“We’re a Small Arkansas Newspaper. Why Is the State Making Us Sign a Pledge About Israel?” Alan Leveritt has this essay online at The New York Times.

Posted at 7:53 PM by Howard Bashman



“Philadelphia reaches $2 million settlement with Catholic foster-care agency, aiming to prevent future challenges to LGBTQ rights; Philadelphia’s four-year legal battle with a Catholic foster care agency over its refusal to work with same-sex parents officially ended quietly this fall with the city agreeing to pay $2 million”: Julia Terruso of The Philadelphia Inquirer has this report.

Posted at 5:02 PM by Howard Bashman



“The Last Six Years of Oral Arguments in the Supreme Court”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 4:58 PM by Howard Bashman