How Appealing



Wednesday, December 1, 2021

“The unknown Supreme Court clerk who single-handedly created the Roe v. Wade viability standard”: James D. Robenalt has this essay online at The Washington Post.

Posted at 9:42 PM by Howard Bashman



“The Supreme Court’s Conservatives Are Preparing for Their Victory Lap; For conservatives, overturning Roe v. Wade is not a technical legal question; It is a moral crusade that they have spent decades positioning themselves to win”: Jay Willis has this post at Balls and Strikes.

Posted at 9:26 PM by Howard Bashman



“The Justices Are Having An Open Fight About The Legitimacy Of The Supreme Court; Arguments in the Mississippi abortion ban case came just a few months after justices publicly pushed back on the notion that they were political actors”: Zoe Tillman of BuzzFeed News has this report.

Posted at 9:24 PM by Howard Bashman



“Gov. Abbott’s ban on school mask mandates back in effect after Appeals Court decision; U.S. 5th Circuit judges halted an injunction on the mask mandate ban”: Emily Donaldson and Talia Richman of The Dallas Morning News have this report.

And Brian Lopez of The Texas Tribune reports that “Texas’ ban on mask mandates in public schools back in place after federal appeals court ruling; Three-judge panel finds no ‘concrete, or actual or imminent, injury’ caused by Abbott’s ban on mask mandates.”

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

Posted at 9:05 PM by Howard Bashman



“Anti-abortionists’ SCOTUS watch party is poorly attended in Jackson”: Lee O. Sanderlin of The Clarion Ledger of Jackson, Mississippi has this report.

Posted at 8:57 PM by Howard Bashman



“‘Feelings run high’: Two hours of tense debate on an issue that divides the court and the country.” Mark Walsh has this post at “SCOTUSblog.”

Posted at 8:47 PM by Howard Bashman



“It sure sounds like Roe v. Wade is doomed; Republican presidents have said for years that they would appoint justices who will overrule Roe; They’ve probably succeeded”: Ian Millhiser has this essay online at Vox.

Posted at 8:44 PM by Howard Bashman



“Supreme Court Seems Poised to Uphold Mississippi’s Abortion Law; It was less clear whether the court’s conservative majority would overrule Roe v. Wade, the decision establishing a constitutional right to abortion”: Adam Liptak of The New York Times has this report.

Charlie Savage of The New York Times reports that “Roberts Searches for Middle Ground in Abortion Case; The chief justice, known for his incremental approach to contentious issues, explored on Wednesday whether the court could uphold Mississippi’s law without totally throwing out Roe v. Wade.”

And Carl Hulse of The New York Times reports that “Abortion Decision Could Spill Into Midterm Elections; Both sides anticipate that a Supreme Court decision scaling back abortion rights would roil next year’s elections, with Democrats sensing an advantage.”

Posted at 8:42 PM by Howard Bashman



“SCOTUS Will Gaslight Us Until the End: Oral arguments today made clear that this Court will overturn Roe — and that they’ll insist on their own reasonableness the whole time.” Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 7:26 PM by Howard Bashman



“During Arguments Over the Fate of Roe, Kavanaugh and Barrett Finally Showed Their Cards; A majority of justices appears eager to overturn the constitutional right to abortion”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 4:23 PM by Howard Bashman



“Supreme Court justices sound ready to restrict the right to abortion”: David G. Savage of The Los Angeles Times has this report.

Jess Bravin and Brent Kendall of The Wall Street Journal report that “Supreme Court Hears Mississippi Abortion Case Challenging Roe v. Wade; State’s law banning procedure after 15 weeks of pregnancy presents direct challenge to 1973 precedent.”

John Fritze of USA Today reports that “Supreme Court signals support for Mississippi 15-week abortion ban with Roe v. Wade in balance.”

Stephen Dinan of The Washington Times reports that “Justices weigh Roe, consequences of overturning abortion right; Mississippi case puts divisive issue once more before high court.”

Mark Sherman and Jessica Gresko of The Associated Press report that “Justices signal they’ll OK new abortion limits, may toss Roe.”

Lawrence Hurley and Andrew Chung of Reuters report that “U.S. Supreme Court conservatives signal support for abortion limits.”

And Greg Stohr of Bloomberg News reports that “Supreme Court Justices Suggest Sweeping Abortion-Rights Pullback.”

Posted at 2:11 PM by Howard Bashman



“The Undue Burden Test Really Is Not Relevant In Dobbs”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 10:24 AM by Howard Bashman



“Judge Leonard Stark — Nominee to the U.S. Court of Appeals for the Federal Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 9:48 AM by Howard Bashman



“Supreme Court considers whether to reverse Roe v. Wade in historic arguments”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 8:07 AM by Howard Bashman