How Appealing



Friday, December 3, 2021

“The Supreme Court Looks Ready to Overturn Roe v. Wade; Lawyers and Justices on both sides — with the possible exception of John Roberts — appeared to be past pretending that the Mississippi case is about anything less”: Amy Davidson Sorkin has this post online at The New Yorker.

Posted at 1:03 PM by Howard Bashman



“Roe ‘settled’ law? Justices’ earlier assurances now in doubt.” Lisa Mascaro of The Associated Press has this report.

Posted at 1:02 PM by Howard Bashman



“Abortion: The Voice of the Ambivalent Majority.” Columnist David Brooks has this essay in today’s edition of The New York Times.

Posted at 11:25 AM by Howard Bashman



“I Was Adopted. I Know the Trauma It Can Inflict.” Online at The New York Times, Elizabeth Spiers has a guest essay that begins, “On Wednesday, as the Supreme Court heard oral arguments from state attorneys seeking to uphold Mississippi’s 15-week abortion ban, Justice Amy Coney Barrett kept getting at one question: Why was abortion necessary, when women who do not want to be mothers can simply give their babies up for adoption?”

Posted at 11:15 AM by Howard Bashman



Thursday, December 2, 2021

“More Democratic senators are willing to weigh changes to Supreme Court”: Seung Min Kim of The Washington Post has this report.

Posted at 11:35 PM by Howard Bashman



“Will the Justices Let Go of Abortion? Overturning Roe v. Wade wouldn’t settle the issue, but it would create the possibility of a settlement.” Peggy Noonan has this essay online at The Wall Street Journal.

Posted at 8:20 PM by Howard Bashman



“Good Reasons to Go Slow on Abortion Precedents; Overturning them all at once poses risks to legal and political stability; Gradualism is a better way”: Law professor Richard M. Re will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 8:06 PM by Howard Bashman



“Roe v. Wade Made Viability the Key to Abortion Law; A half-century ago, science and legal precedent led the Supreme Court to make fetal viability the standard in abortion law”: Joshua Prager has this essay online at The Wall Street Journal.

Posted at 7:16 PM by Howard Bashman



“The Supreme Court’s mind is made up: The abortion debate was a kangaroo court.” Law professor Sherry Colb has this essay online at The New York Daily News.

The essay contains a lengthy response to Justice Amy Coney Barrett’s question, during yesterday’s oral argument, about whether safe haven laws suffice to eliminate any need to consider the burdens of motherhood.

Posted at 1:55 PM by Howard Bashman



“Justice Sotomayor Gets Political on Abortion; She loses her cool during the Supreme Court’s oral argument”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 1:14 PM by Howard Bashman



“Illinois Abortion Clinics Are Preparing for a Potential Post-Roe World; Abortion providers say they are already seeing influx of patients from out of state — and expect more”: Jennifer Calfas of The Wall Street Journal has this report.

Posted at 1:12 PM by Howard Bashman



“Ninth Circuit Judge Has Had It With Trump Judge’s Insulting Dissents; Don’t worry, there’s only several more decades of this to come”: Joe Patrice has this post at “Above the Law.”

Posted at 1:00 PM by Howard Bashman



“During Arguments Over Roe‘s Fate, Justice Breyer Played Right Into the Conservatives’ Hands; The most senior liberal justice showed why it’s time for him to retire”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 12:54 PM by Howard Bashman



“The Supreme Court’s Biggest Concern About Overturning Roe? What That Will Mean for Itself. As Wednesday’s oral argument made clear, the justices care far more about the high court’s reputation than the lives of millions of women.” Law professor Garrett Epps has this essay online at Washington Monthly.

Posted at 12:50 PM by Howard Bashman



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