How Appealing



Monday, November 22, 2021

“The Rarity of November Decisions in Argued Cases; In recent years, the Supreme Court has rarely issued opinions in argued cases, and they were almost always written by RBG”: Jonathan H. Adler has this post at “The Volokh Conspiracy.”

The U.S. Supreme Court has announced that it will issue one or more decisions in argued cases at 10 a.m. eastern time today. Shortly thereafter, you can access the decision(s) online via this link.

Posted at 8:42 AM by Howard Bashman



Sunday, November 21, 2021

“As Gerrymanders Get Worse, Legal Options to Overturn Them Dwindle; Persuading judges to undo skewed political maps was never easy; A shifting judicial landscape is making it harder”: Michael Wines will have this article in Monday’s edition of The New York Times.

Posted at 8:16 PM by Howard Bashman



Saturday, November 20, 2021

“Las Vegas lawyer calls Nevada Supreme Court justice ‘white supremacist'”: Katelyn Newberg of The Las Vegas Review-Journal has this report.

Posted at 5:50 PM by Howard Bashman



“More Conservatives Turn Away From Death Penalty; Utah prosecutor David Leavitt, hailing from a conservative county, is taking death penalty off the table in 2017 murder of two teens”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 9:25 AM by Howard Bashman



Friday, November 19, 2021

“Supreme Court to Issue Opinions Monday, Possibly Ruling on Texas Abortion Case”: Greg Stohr of Bloomberg News has this report.

Posted at 10:07 PM by Howard Bashman



“Citadel CEO Kenneth Griffin Outbid a Group of Crypto Investors for Copy of U.S. Constitution; The 53-year-old billionaire paid $43.2 million for the historic document, plans to lend it to Crystal Bridges museum in Arkansas”: Kelly Crow of The Wall Street Journal has this report.

Posted at 9:38 PM by Howard Bashman



“Texas SB 8 abortion restrictions remain in effect as expert says Supreme Court ruling likely Monday; Abortion rights supporters are frustrated the court has taken so long to rule, but opponents say they celebrate every day the new law is in effect”: Emily Caldwell of The Dallas Morning News has this report.

Posted at 9:08 PM by Howard Bashman



“Kyle Rittenhouse found not guilty on all counts in Kenosha shootings case”: Bruce Vielmetti of The Milwaukee Journal Sentinel has this report.

Posted at 1:25 PM by Howard Bashman



“A Thought Experiment: Phase Out Supreme Court Clerks; Eliminating these unique positions of immense power and prestige would have several downstream benefits, and the downsides are also probably benefits.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:15 PM by Howard Bashman



Thursday, November 18, 2021

“Can Public Money Go to Religious Schools? A Divisive Supreme Court Case Awaits.” Mark Walsh of Education Week has this report.

Posted at 9:44 PM by Howard Bashman



“How badly do the Supreme Court’s conservatives want to overturn Roe v. Wade?” Columnist Paul Waldman has this essay online at The Washington Post.

Posted at 9:40 PM by Howard Bashman



“Florist who refused to make an arrangement for a same-sex couple drops Supreme Court challenge”: Ariane de Vogue of CNN has this report.

Posted at 9:37 PM by Howard Bashman



“Biden’s Supreme Court Commission Shows Interest in Term Limits for Justices; But in newly released materials, members of the panel acknowledged ‘profound disagreement’ over the wisdom of adding more justices to the court”: Charlie Savage of The New York Times has this report.

Posted at 9:04 PM by Howard Bashman



“Crypto Group Is Outbid in Auction of Rare Edition of the Constitution; Private collector beat out a group of cryptocurrency investors who raised more than $40 million to buy the historic document”: Kelly Crow of The Wall Street Journal has this report.

Posted at 8:38 PM by Howard Bashman



“Judge Tries to Block New York Times’s Coverage of Project Veritas; The state court order, which The Times said it would immediately oppose, raised concerns from First Amendment advocates”: Michael M. Grynbaum of The New York Times has this report.

Posted at 7:53 PM by Howard Bashman



“Divided appeals court says videos of 2010 trial on same-sex marriage ban can be made public”: Bob Egelko of The San Francisco Chronicle has this report.

Mike Scarcella of Reuters has a report headlined ““Video of landmark gay marriage trial can be released: 9th Circuit.”

And Nicholas Iovino of Courthouse News Service reports that “Ninth Circuit OKs unsealing videos from landmark gay marriage trial; A divided Ninth Circuit panel found proponents of a 2008 ballot measure that banned gay marriage in California failed to explain how the unsealing of trial videos would cause them harm.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 7:48 PM by Howard Bashman



“The Biden Vaccine Mandate Might Get Wrecked By Conservative Judges; How the workplace safety of millions of people came down to the unlucky bounce of a few ping-pong balls”: Yvette Borja has this post at Balls and Strikes.

Posted at 1:55 PM by Howard Bashman



“Justices as Speechmakers: Recent sharp-edged speeches by members of the high court have been controversial, but history shows that speechmaking by justices is nothing new.” Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 1:26 PM by Howard Bashman



“Authenticity and Finding Your Place in the Law | Karen Vladeck”: You can access today’s new episode of the “Texas Appellate Law Podcast” with Todd Smith and Jody Sanders via this link.

Posted at 1:22 PM by Howard Bashman



“What Happens When a Court Goes Rogue?” Linda Greenhouse has this essay online at The New York Times.

The essay begins, “A rogue court is on the loose in the country. No, not the Supreme Court — not yet, anyway. It’s the United States Court of Appeals for the Fifth Circuit, and it’s out of control.”

Posted at 12:42 PM by Howard Bashman



“Will Sixth Circuit Take OSHA ETS Case En Banc? A petition has been filed asking the full court to hear the legal challenges to the OSHA COVID-19 vaccinate-or-test mandate.” Jonathan H. Adler has this post at “The Volokh Conspiracy.”

You can view the Petition for Initial Hearing En Banc at this link.

Posted at 9:50 AM by Howard Bashman



“The Federalist Society’s newest enemy: Corporate America; America’s most powerful legal organization has lost faith in the market’s power to impose its values on the nation.” Ian Millhiser has this essay online at Vox.

Posted at 9:40 AM by Howard Bashman



Wednesday, November 17, 2021

“Legal brawl over Biden’s vaccine mandate could curb other workplace safety efforts; The current 6-3 conservative majority on the Supreme Court appears poised to place some limits on agency actions”: Rebecca Rainey of Politico has this report.

Posted at 10:06 PM by Howard Bashman



“The Oklahoma Supreme Court’s J&J ruling strikes a blow against institutional derangement”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 10:02 PM by Howard Bashman



“How the Trump Era Changed the Supreme Court: Justices still try to convince the public that they are not guided by politics; They are insulting the American people’s intelligence.” Law professor Garrett Epps has this essay online at Washington Monthly.

Posted at 7:28 PM by Howard Bashman