How Appealing



Monday, January 24, 2022

“The Supreme Court’s vaccine mandate ruling is the start of something far worse”: David Cole has this essay online at The Los Angeles Times.

Posted at 9:38 AM by Howard Bashman



Sunday, January 23, 2022

“The handling of the Texas abortion case is an embarrassment for the federal judiciary”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 7:55 PM by Howard Bashman



“Sarah Palin set to battle New York Times at defamation trial”: Jonathan Stempel and Helen Coster of Reuters have this report.

Posted at 1:15 PM by Howard Bashman



“Major questions from the Supreme Court could upend the administrative state; A carve-out of the court’s precedent on agency deference is now taking center stage as justices move to use it as a quasi-constitutional doctrine”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 1:08 PM by Howard Bashman



“Judicial Notice (01.22.22): Much Ado About Masking; High drama at SCOTUS, higher salaries in Biglaw, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:02 PM by Howard Bashman



“The Supreme Court Covid mask controversy is missing the point: Why isn’t Supreme Court Justice Neil Gorsuch making a small sacrifice for the health of his immunocompromised colleague?” Law professor Steven Lubet has this essay online at NBC News.

Posted at 1:00 PM by Howard Bashman



“Some personal testimony in the matter of NPR v. the Supreme Court”: Columnist David Von Drehle has this op-ed in today’s edition of The Washington Post.

Posted at 12:57 PM by Howard Bashman



Saturday, January 22, 2022

“A single word sparks a crossfire between the Supreme Court, NPR and its star reporter Nina Totenberg”: Paul Farhi of The Washington Post has this report.

Posted at 8:26 PM by Howard Bashman



“VanDyke Writes for Majority, Spoofs Opinion Arriving at Contrary Result; Ninth Circuit Panel Reverses Order Dismissing Action Over Ventura County Closing Gun and Ammunition Shops, Firing Ranges for 48 Hours”: Metropolitan News-Enterprise has this report.

Posted at 8:24 PM by Howard Bashman



“Civic Education and the Constitution with Jeffrey Rosen”: You can access the first installment of the “High School SCOTUS” blog’s podcast via this link.

Posted at 8:16 PM by Howard Bashman



“Texas Supreme Court agrees to take up question in case challenging new SB 8 abortion restrictions; Plaintiffs have said having the case go to the state Supreme Court will only delay the outcome and allow Senate Bill 8 to remain in effect as the challenge plays out”: BeLynn Hollers of The Dallas Morning News has this report.

Posted at 8:02 PM by Howard Bashman



“Roe v. Wade remains law, but the Supreme Court isn’t acting like it; The court is allowing Texas to delay challenges to its abortion law until the court erases abortion rights from the Constitution”: Law professor Jessica Levinson has this essay online at MSNBC.

Posted at 7:58 PM by Howard Bashman



“What the fallout from the Supreme Court’s Texas abortion ruling means for the future of Roe”: Tierney Sneed of CNN has this report.

Posted at 7:55 PM by Howard Bashman



“Sarah Palin v. NYT: Exploring the line between bad journalism and libelous journalism.” Media critic Erik Wemple has this essay online at The Washington Post.

Posted at 5:12 PM by Howard Bashman



Friday, January 21, 2022

“Magbanua’s defense team looking to call Adelson family as witnesses in Markel murder trial; ‘If the government is not going to bring everybody together … we’re going to,’ defense lawyer says”: Karl Etters of The Tallahassee Democrat has this report.

Posted at 7:55 PM by Howard Bashman



“The Supreme Court’s order against Donald Trump is even worse for him than it appears”: George T. Conway III has this essay online at The Washington Post.

Posted at 5:52 PM by Howard Bashman



“‘Record speed and focus’: Biden’s judicial picks diversify bench.” Henry Gass of The Christian Science Monitor has this report.

Posted at 2:35 PM by Howard Bashman



“6th Circuit Judge Merritt, Once Considered for SCOTUS Seat, Has Died at Age 86; Appeals Judge Gilbert Merritt Jr., who died on Jan. 17, is heralded as a ‘devoted champion of justice’ and ‘a great mentor, boss, friend, and jurist'”: Tony Mauro has this post at his “The Marble Palace Blog.”

Posted at 1:34 PM by Howard Bashman



“It Is Time to Bring Circuit Riding Back to the Supreme Court; Making the justices ride horses across the country: the most important Court reform proposal no one is talking about.” Nicholas Wallace has this essay online at Balls and Strikes.

Posted at 1:16 PM by Howard Bashman



“NPR ‘Founding Mother’ Unloads on Public Editor Over SCOTUS Story: ‘She’s Not Clarifying Anything!’; ‘She can say any goddamn thing she wants,’ Nina Totenberg said of NPR’s Public Editor before letting out a deep laugh”: Zachary Petrizzo and Blake Montgomery of The Daily Beast have this report.

Posted at 12:16 PM by Howard Bashman



“Is Ginni Thomas a Threat to the Supreme Court? Behind closed doors, Justice Clarence Thomas’s wife is working with many groups directly involved in controversial cases before the Court.” Jane Mayer will have this article in the January 31, 2022 issue of The New Yorker.

Posted at 12:14 PM by Howard Bashman



Thursday, January 20, 2022

“NPR reporting on Supreme Court mask controversy merits clarification; An inaccurate verb choice made the reporting unclear”: NPR’s Public Editor Kelly McBride has this essay online at NPR.

Posted at 10:02 PM by Howard Bashman



“An After-Action Report on the Newsletter About Justice Gorsuch’s Mistake in the Vaccine/Testing Mandate Case: Yes, Justice Gorsuch made a mistake; And yes, it turned out to be tough to explain to the journalists.” Patterico has this post at his “The Constitutional Vanguard” Substack site.

Therein, he writes:

Bashman’s ‘How Appealing’ site is widely read in the federal court system, and I think it’s my best chance at getting Justice Gorsuch’s attention and (ideally) some sort of correction. I don’t know if he reads ‘How Appealing’ himself (maybe!) but a lot of law clerks do, including clerks at the Supreme Court. I have a feeling Bashman’s entry could find its way to Justice Gorsuch’s chambers.

In case you missed it, Patterico’s earlier post was titled “An Error in Justice Gorsuch’s Concurrence in the OSHA Vaccine Mandate Case; The Justice claimed OSHA took a past position that the agency did not actually take.”

Posted at 9:54 PM by Howard Bashman



“I Am Embarrassed for the Supreme Court; We are two weeks into this ridiculous scandal, but don’t let the absurdity distract from the deep awfulness of what has happened”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:30 PM by Howard Bashman



“Gun store closures in early days of COVID-19 pandemic violated citizens’ rights, court rules”: Bob Egelko of The San Francisco Chronicle has this report.

Don Thompson of The Associated Press reports that “California’s COVID gun store shutdowns ruled illegal.”

And Avalon Zoppo of The National Law Journal has an article headlined “‘You’re Welcome’: 9th Circuit Judge Writes Alternative Opinion for Ruling on COVID Gun Shop Closures; Judge Lawrence VanDyke predicted the case alleging Second Amendment violations will be heard by the full court and wrote an ‘alternative draft opinion.’

My earlier coverage of today’s Ninth Circuit ruling can be accessed here.

Posted at 8:45 PM by Howard Bashman



“Working Through the End Days of Roe; The staff at the Jackson Women’s Health Organization is too busy to dread what’s very likely to come”: Bridget Read has this report online at The Cut, a publication of New York magazine.

Posted at 7:56 PM by Howard Bashman