How Appealing



Thursday, December 16, 2021

“En Banc Review Needs To Be Curtailed; The procedure is unnecessary except in rare situations anyway, and it defeats the purpose of randomly selecting judges and politicizes the courts”: Dilan Esper has this post at his Substack site.

Posted at 1:14 PM by Howard Bashman



“Biden set to surpass Trump in first-year judicial nominees; a window into a major Democratic push”: Phil Mattingly of CNN has this report.

Posted at 1:54 AM by Howard Bashman



“Seven Years of Trying to Fix the Supreme Court: After seven years of trying, Fix the Court is chalking up fixes that are coming to fruition at the Supreme Court.” Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 1:52 AM by Howard Bashman



Wednesday, December 15, 2021

“6th Circuit Denies Initial En Banc Review of OSHA Vaccine-or-Test Mandate; Judge Jeffrey Sutton dissented, saying the case is ‘suitable for an extraordinary procedure'”: Avalon Zoppo of The National Law Journal has this report on today’s order (accompanied by a concurrence and two dissents) of the U.S. Court of Appeals for the Sixth Circuit denying en banc review by an evenly divided vote.

And in other coverage, at “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Sixth Circuit Refuses to Hear Challenges to OSHA Vaccinate-or-Test Rule En Banc; A majority of judges on the court did not vote in favor of the petitions for initial hearing en banc, so the challenge will be heard by a three-judge panel.”

And Josh Blackman has a post titled “Sixth Circuit Splits 8-8 on Initial En Banc in OSHA Vaccine Cases; The three judges who did not sign an opinion may be on the three-judge panel: Gibbons, Griffith, and Stranch.”

Posted at 7:58 PM by Howard Bashman



“Ghislaine Maxwell’s judge, up for appellate court promotion, faces U.S. Senate panel”: Nate Raymond of Reuters has this report.

And Tom McParland of New York Law Journal reports that “Nathan Faces Grilling From Republican Senators in Hearing for 2nd Circuit Nomination; ‘I gave that up,’ Nathan said when pressed about her experience as a lawyer in the Obama administration and in Democratic politics.”

You can view the video of today’s U.S. Senate Judiciary Committee confirmation hearing via this link.

Posted at 7:34 PM by Howard Bashman



“Newsom’s Texas-style gun ploy is an emotionally satisfying, and very bad, idea”: This editorial appears in today’s edition of The Los Angeles Times.

Posted at 12:54 PM by Howard Bashman



Tuesday, December 14, 2021

“What I Got Wrong About Brett Kavanaugh and Abortion: The justice had sounded eager to prevent states from nullifying constitutional rights. Why did he change his mind?” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:05 PM by Howard Bashman



“Biden gets three seats to fill on 4th, 6th Circuits as judges take senior status”: Nate Raymond of Reuters has this report.

Posted at 6:33 PM by Howard Bashman



“Judge’s stock portfolio didn’t taint class rulings: tuna plaintiffs to 9th Circuit.” Alison Frankel of Reuters has this report.

Posted at 1:16 PM by Howard Bashman



“What Brett Kavanaugh Didn’t Mention when He Talked About Reversing Roe: Yes, the court has ignored precedent before, but never to take away a constitutional right.” Law professor Kimberly Wehle has this essay online at Politico Magazine.

Posted at 1:14 PM by Howard Bashman



“Could Ocean City’s topless ordinance head to the Supreme Court? The latest legal battle.” Emily Lytle of The Salisbury (Md.) Daily Times has this report.

Posted at 1:11 PM by Howard Bashman



“With Roe at Risk, Justices Explore a New Way to Question Precedents; A new study traces a trend at the Supreme Court: looking to what the lawyers had argued in assessing whether to follow a precedent”: Adam Liptak has this new installment of his “Sidebar” column in today’s edition of The New York Times.

Posted at 1:00 PM by Howard Bashman



Monday, December 13, 2021

“Supreme Court Allows Vaccine Mandate for New York Health Care Workers; Doctors and nurses challenged a state coronavirus vaccine requirement that had medical but not religious exemptions, saying it violated their right to free exercise of their faiths”: Adam Liptak of The New York Times has this report.

And Robert Barnes of The Washington Post reports that “Supreme Court won’t stop vaccine mandate for New York health care workers.”

You can access today’s order of the U.S. Supreme Court, and the dissent therefrom, at this link.

Posted at 11:33 PM by Howard Bashman



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

Posted at 6:48 PM by Howard Bashman



Sunday, December 12, 2021

“Court Reform Is Dead! Long Live Court Reform! The Commission on the Supreme Court’s findings may end up helping to set reform in motion, rather than stopping it in its tracks.” Law professors Ryan D. Doerfler and Samuel Moyn have this essay online at The Atlantic.

Posted at 7:47 PM by Howard Bashman



“We served on the Supreme Court commission. Term limits and court-packing are bad ideas.” Thomas B. Griffith and David F. Levi have this essay online at The Washington Post.

Posted at 6:45 PM by Howard Bashman



“The Supreme Court Likes Precedent — When It Backs Conservatives; The decision to leave Texas’ anti-abortion law in effect underscores how the new conservative majority is exercising power”: Law professor Aziz Huq has this essay online at Politico Magazine.

Posted at 1:22 PM by Howard Bashman



“Supreme Court sets date with Oklahoma to respond to 40-plus McGirt appeals”: Curtis Killman of The Tulsa World has this report.

Posted at 1:06 PM by Howard Bashman



Saturday, December 11, 2021

“The nation needed a strong defense of constitutional rights. The Supreme Court did this instead.” The Washington Post has published this editorial.

Posted at 11:24 PM by Howard Bashman



“Don’t be fooled: The Supreme Court’s Texas abortion decision is a big defeat for Roe v. Wade; Justice Neil Gorsuch’s majority opinion is sneaky, underhanded, and a big blow to abortion rights.” Ian Millhiser has this essay online at Vox.

Posted at 11:08 PM by Howard Bashman



“Texas abortion providers ‘won’ in court Friday. The future is bleaker than ever. The decision let a challenge to the law proceed but limited whom the providers can sue.” Law professor Leah Litman has this essay online at The Washington Post.

Posted at 11:05 PM by Howard Bashman



“What should happen if abortion returns to the states? An expert explains; If the U.S. Supreme Court tosses Roe v. Wade and Planned Parenthood v. Casey, any bans in effect before the decision should be struck down, a Montgomery County attorney suggests.” John L. Micek has this essay online at the Pennsylvania Capital-Star.

Posted at 11:03 PM by Howard Bashman