How Appealing



Tuesday, December 21, 2021

Dobbs and Democratic Legitimacy: There is nothing the Court can do that will have democratic legitimacy; It ought therefore to be content with constitutional legitimacy.” Carson Holloway has this post at the “Law & Liberty” blog.

Posted at 5:54 PM by Howard Bashman



“One Year In, Joe Biden Has Confirmed More Lifetime Judges Than Decades Of Presidents; He’s also brought badly needed diversity to the nation’s courts; But he may have to play hardball with Republicans to keep this up”: Jennifer Bendery of HuffPost has this report.

Posted at 1:36 PM by Howard Bashman



“Dallas lawyer Linda Coffee launched landmark Roe vs. Wade abortion rights case with a $15 filing fee; The attorney, now retired at 78 and living in Mineola, east of Dallas, also filed a case named Doe vs. Wade on the same day in 1970 and is watching the challenges that could overturn the milestone ruling”: BeLynn Hollers of The Dallas Morning News has this report.

Posted at 9:30 AM by Howard Bashman



Monday, December 20, 2021

“How Dark Money Bought Amy Coney Barrett’s Supreme Court Seat”: Andrew Perez and Julia Rock have this article online at Jacobin magazine.

Posted at 9:08 PM by Howard Bashman



“How the Supreme Court Could Shake Up Disney’s Spider-Man Plans: William Morris Endeavor, SAG-AFTRA and a bunch of comic book heirs are quietly backing a petition to the high court — one that could be a real game-changer.” Eriq Gardner has this post at the “THR, Esq.” blog of The Hollywood Reporter about a petition for writ of certiorari pending at the U.S. Supreme Court.

Posted at 9:00 PM by Howard Bashman



“The Supreme Court opened the door to legal vigilantism in Texas. California will use the same tool to save lives.” California Governor Gavin Newsom has this essay online at The Washington Post.

Posted at 8:50 PM by Howard Bashman



“The Supreme Court’s Covid Vaccine Test: Justices have to decide if they want to let OSHA rewrite the law.” This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 8:17 PM by Howard Bashman



“Saving the supremes: Packing the Supreme Court should be off the table, but (long) term limits may well make sense.” The New York Daily News has published this editorial.

Posted at 4:12 PM by Howard Bashman



“Covid-19 and the Delegation Doctrine: Absent Irrational Rules, Judges Should Stand Down.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 4:10 PM by Howard Bashman



“What Is Stare Decisis, and Why Is It Intellectually Hollow Bullshit? There are no rules for when the Supreme Court can overturn its precedent. There is only the question of whether there are five votes to do it.” Elie Mystal has this post at Balls and Strikes.

Posted at 2:50 PM by Howard Bashman



“Two New Papers to SSRN: Gaming Certiorari and Civil Rights Litigation in the Lower Courts.” Aaron L. Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 2:48 PM by Howard Bashman



“A Plan Forms in Mexico: Help Americans Get Abortions; Mexican activists plan to provide women in Texas and other U.S. states with information, support — and abortion-inducing pills.” Natalie Kitroeff of The New York Times has this report.

Posted at 1:50 PM by Howard Bashman



“Eight challenges brought to high court over vaccine-or-test mandate at OSHA; The appeals come only days after the Sixth Circuit reinstated the government agency’s directive for private employers to make workers either get the coronavirus vaccine or test weekly”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 1:23 PM by Howard Bashman



“The Rio Grande Valley’s Abortion Desert: Texas’s new law is the culmination of decades of legal restrictions and budget cuts that have left women in one of the country’s poorest regions with scant access to abortion.” Stephania Taladrid has this Dispatch online at The New Yorker.

Posted at 11:56 AM by Howard Bashman



“A Fight to Die: Sandy Morris, in the grip of ALS, wants to expand access to aid in dying so ending her life won’t be a crime.” Esmé E Deprez has this article in the current issue of Bloomberg Businessweek.

Posted at 11:53 AM by Howard Bashman



“The alternative to Supreme Court enlargement is surrender”: Columnist E.J. Dionne Jr. has this op-ed in today’s edition of The Washington Post.

Posted at 11:42 AM by Howard Bashman



“Long after the courts shut down for covid, the pain of delayed justice lingers”: Griff Witte and Mark Berman of The Washington Post have this report.

Posted at 9:16 AM by Howard Bashman



“Biden has installed a significant number of judges from diverse backgrounds — now comes the hard part; The pace reflects an urgency from the Biden White House and Democratic senators to make up ground lost to Republicans who prioritized filling the judiciary with conservatives during the Trump presidency”: Seung Min Kim and Ann E. Marimow have this front page article in today’s edition of The Washington Post.

And at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “How Big a Mark Will President Biden Make on the Federal Judiciary? The Biden Administration is off to a fast start nominating and appointing federal judges, but will this continue?

Posted at 9:14 AM by Howard Bashman



Sunday, December 19, 2021

“Democrats walk on eggshells around Breyer as GOP plans another blockade for any Biden Supreme Court pick”: Edward-Isaac Dovere and Manu Raju of CNN have this report.

Posted at 7:33 PM by Howard Bashman



Saturday, December 18, 2021

“The idea of expanding the Supreme Court to blunt its right-wing bias gains traction”: Columnist Michael Hiltzik has this essay online at The Los Angeles Times.

Posted at 7:21 PM by Howard Bashman



“Court-packing is not the answer to this problem”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 7:09 PM by Howard Bashman



Thursday, December 16, 2021

“F.D.A. Will Permanently Allow Abortion Pills by Mail; The decision will broaden access to medication abortion, an increasingly common method, but many conservative states are already mobilizing against it”: Pam Belluck of The New York Times has this report.

Laurie McGinley and Katie Shepherd of The Washington Post report that “FDA eliminates key restriction on abortion pill as Supreme Court weighs case that challenges Roe v. Wade; The agency did away with a rule that required patients to pick up the drug at hospitals, clinics or doctors’ offices.”

And Stephanie Armour of The Wall Street Journal reports that “FDA Allows Women to Get Abortion Pill by Mail; The decision lifted a restriction requiring women to go to a medical office or hospital to pick up the mifepristone pills.”

Posted at 11:54 PM by Howard Bashman



“Biden Should Make Stephen Breyer an Offer He Can’t Refuse; The 83-year-old Supreme Court justice has resisted calls for his retirement; But what if he had a better job offer to consider?” Adam Cohen has this post at Balls and Strikes.

Posted at 11:22 PM by Howard Bashman



“God Save the United States”: At “Dorf on Law,” Sherry F. Colb has a blog post that begins, “I have lately been thinking about the world that our newly constituted Supreme Court will leave to us.”

Posted at 11:18 PM by Howard Bashman