How Appealing



Friday, November 5, 2021

“The Itchy Trigger Finger of Clarence Thomas; Justice Clarence Thomas will play a key role in how the Court decides Bruen, its latest Second Amendment case; The outcome will likely be disastrous for Black Americans and members of other marginalized communities”: Shaun Ossei-Owusu has this post at Balls and Strikes.

Posted at 8:03 PM by Howard Bashman



“The Texas Abortion Law’s Defenders Take Their Trickery to the Supreme Court; Inside a specious — and flat-out bonkers — line of reasoning to shield S.B. 8 from judicial review”: Law professor Garrett Epps has this essay online at Washington Monthly.

Posted at 7:09 PM by Howard Bashman



Thursday, November 4, 2021

“The Supreme Court has abdicated its duty to the Bill of Rights”: Online at The Washington Post, columnist Radley Balko has an essay that begins, “The Supreme Court, having created the problem of qualified immunity to shield police from being held liable for their misconduct, keeps refusing to fix it.”

Posted at 8:06 PM by Howard Bashman



“The Supreme Court Wonders Where the Texas Abortion Law Might Lead; In order to trample on reproductive rights, S.B. 8 tramples on all rights”: Amy Davidson Sorkin has this post online at The New Yorker.

Posted at 7:58 PM by Howard Bashman



“No, Really, the Right to an Abortion Is Supported by the Text and History of the Constitution; If the Supreme Court overturns Roe, it will betray the Fourteenth Amendment’s promise of bodily autonomy”: David H. Gans has this essay online at The Atlantic.

Posted at 7:52 PM by Howard Bashman



“Kamala Harris Breaks Senate Deadlock on Biden Judicial Pick”: Madison Alder of Bloomberg Law has a report that begins, “Vice President Kamala Harris cast a tie-breaking vote to advance the nomination of Jennifer Sung to the largest federal appeals court, avoiding a setback for Democrats in their accelerated effort to confirm judicial picks.”

You can view the U.S. Senate‘s official roll call vote tally at this link.

Posted at 1:18 PM by Howard Bashman



“General Prelogar — There was some suspense at the Supreme Court when new Solicitor General Elizabeth Prelogar took to the lectern for her first appearance: Would she be called General Prelogar?” Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 1:08 PM by Howard Bashman



“Ohio GOP lawmakers introduce Texas-style abortion ban bill”: Jeremy Pelzer of The Cleveland Plain Dealer has an article that begins, “Ohio Republican lawmakers introduced legislation Tuesday that would ban all abortions in Ohio — going further than the Texas anti-abortion law argued before the U.S. Supreme Court Monday.”

Posted at 8:45 AM by Howard Bashman



Wednesday, November 3, 2021

“In Mike Ward’s case, the SCC was one vote away from setting a disturbing new free speech precedent”: Columnist Robyn Urback has this essay online at The Toronto Globe and Mail.

Posted at 9:50 PM by Howard Bashman



“Justices’ Questions Suggest New York Gun Control Law Is Unlikely to Survive; The law, which imposes strict limits on carrying guns in public, faced a skeptical reception from the Supreme Court on Wednesday”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Majority of Supreme Court appears to think N.Y. gun law is too restrictive.”

David G. Savage of The Los Angeles Times reports that “Supreme Court signals it’s likely to bolster the right to carry a concealed gun in public.”

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Hears Arguments on Scrapping New York State’s Concealed-Weapons Permit Law; Comments from conservative justices point to concerns about law’s restrictions, though scope of any decision is far from clear.”

John Fritze of USA Today reports that “Supreme Court majority skeptical of New York law that limits carrying handguns in public.”

And Alex Swoyer of The Washington Times reports that “Supreme Court poised to bolster Second Amendment, right to carry.”

The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in New York State Rifle & Pistol Assn. v. Bruen, No. 20-843.

Posted at 8:54 PM by Howard Bashman



“The Supreme Court Wants More Guns on the New York Subway; In a major Second Amendment case, the conservative justices empathized with ‘law-abiding citizens’ who want to take guns everywhere”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:40 PM by Howard Bashman



“A Concurring Opinion on Justice Thomas: To understand Justice Thomas’s ‘liberal originalism,’ one must look to the Declaration of Independence.” Scott Gerber has this post at the “Law & Liberty” blog.

Posted at 1:11 PM by Howard Bashman



“Originalism Tested: The term’s central question is whether the Court majority can interpret the law as written even as others press for the law’s distortion.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 1:08 PM by Howard Bashman



“The New 6–3 Majority: Amy Coney Barrett, Brett Kavanaugh, and John Roberts agree with the liberals about one thing.” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 12:55 PM by Howard Bashman



“Republican Kevin Brobson wins seat on Pennsylvania Supreme Court as GOP appears poised to sweep appellate races; The race between Democrat Maria McLaughlin and Republican Kevin Brobson was marked by big campaign spending and negative ads”: Angela Couloumbis and Danielle Ohl of Spotlight PA have this report.

Posted at 9:00 AM by Howard Bashman



Tuesday, November 2, 2021

“The Texas Anti-Choice Law Already Did What Its Architects Wanted; The justices appear likely to let a challenge to Texas SB8 to proceed; But by hollowing out the right to abortion care, the law’s architects have achieved what they set out to accomplish”: Lisa Needham has this post at Balls and Strikes.

Posted at 9:44 PM by Howard Bashman



“The Supreme Court isn’t buying the Texas abortion law. Let’s hope they block it.” The Los Angeles Times has published this editorial.

Posted at 8:45 PM by Howard Bashman



“Prominent Conservatives Back Letting States Limit Guns in Public; A brief filed in a major gun control case to be heard on Wednesday by the Supreme Court argued that limits on the public carrying of weapons were consistent with the Second Amendment”: Adam Liptak of The New York Times has this report.

Posted at 8:35 PM by Howard Bashman



“Abortion Distortion at the Supreme Court: Will the Justices blow up a crucial and longtime limit on judicial power?” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:22 PM by Howard Bashman



“Federal Judge Files Recusal Notices in 138 Cases After WSJ Queries; Rodney Gilstrap initially argued he didn’t violate financial-conflicts law”: Coulter Jones, Joe Palazzolo, and James V. Grimaldi of The Wall Street Journal have this report.

Posted at 8:20 PM by Howard Bashman



“Another 1973 abortion ruling — ‘Doe,’ not ‘Roe’ — is at the heart of next month’s Supreme Court Case”: George W. Liebmann has this essay online at The Baltimore Sun.

Posted at 7:51 PM by Howard Bashman



“When Dissent Is All There Is: Justice Ruth Bader Ginsburg’s career offers a lesson for today’s Supreme Court.” Linda Greenhouse has this essay online at The Atlantic.

Posted at 1:16 PM by Howard Bashman



“Supreme Court looks to medieval England in gun rights case”: David G. Savage has this article in today’s edition of The Los Angeles Times.

Posted at 12:55 PM by Howard Bashman



Monday, November 1, 2021