How Appealing



Monday, January 17, 2022

“U.S. 5th Circuit court asks Texas Supreme Court to weigh in on challenge to Texas abortion law”: Madlin Mekelburg of The Austin American-Statesman has this report.

Ann E. Marimow of The Washington Post reports that “Texas’s six-week abortion ban remains in effect after federal appeals court ruling.”

Lomi Kriel of The Texas Tribune reports that “Texas abortion law challenge heads to state’s supreme court, likely adding more delays to case; The 5th U.S. Circuit Court of Appeals’ decision means it could take months before abortion providers’ challenge to the restrictive law returns to a federal court.”

Mike Scarcella of Reuters reports that “U.S. appeals court delays legal challenge to Texas abortion law.”

Tierney Sneed of CNN reports that “Federal appeals court sends abortion case to Texas Supreme Court.”

Jon Brown of Fox News reports that “Federal appeals court sends Texas abortion law case to Republican-majority state Supreme Court; The action is seen as another blow for opponents of the abortion restriction measure.”

Alice Miranda Ollstein and Josh Gerstein of Politico report that “Appeals court detours Texas abortion ban case to state Supreme Court; 5th Circuit’s decision, 2-1, likely prolongs enforcement of unusual anti-abortion law.”

And Mary Anne Pazanowski of Bloomberg Law reports that “Texas Six-Week Abortion Law Case Gets Routed to State Top Court.”

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

Posted at 10:30 PM by Howard Bashman



“Should a Religious Flag Fly Over a Government Building? The Supreme Court takes up a case that could further undermine the ‘Lemon test’ that prohibits government-religion interaction.” William J. Haun has this essay online at The Wall Street Journal.

Posted at 9:42 PM by Howard Bashman



“The Important Choice of Law Questions Lurking in Tomorrow’s Stolen-Pissarro Argument: The applicability of Klaxon v. Stentor Electric Manufacturing — no, wait! I promise it’s important ….” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 5:11 PM by Howard Bashman



“A Daughter’s Quest to Free Her Father’s Killer: Katie Kitchen wanted to live up to her progressive ideals; Her own family tragedy presented a chance.” Eren Orbey has this Annals of Justice article in the January 24, 2022 issue of The New Yorker.

Posted at 12:54 PM by Howard Bashman



“Pretext Explains (But Does Not Justify) the SCOTUS Invalidation of the OSHA Vaccine Rule”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 12:48 PM by Howard Bashman



“Fate of Nazi-looted Pissarro to be decided by US supreme court; The legal battle over the painting, in the hands of a Madrid museum, has spanned more than 15 years”: Ashifa Kassam of The Guardian (UK) has this report.

Posted at 12:38 PM by Howard Bashman



“The Persistent Gender Gap at the Supreme Court Lectern: More than 40 years after Ruth Bader Ginsburg last appeared as a lawyer at the Supreme Court, relatively few women argue cases there.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 12:33 PM by Howard Bashman