How Appealing



Monday, January 17, 2022
Sunday, January 16, 2022

“The Christian right brings a Supreme Court case it actually deserves to win; The case presents a genuinely difficult free speech dispute”: Ian Millhiser has this essay online at Vox.

Posted at 1:40 PM by Howard Bashman



“Judicial Notice (01.15.22): Sedition; A Yale Law grad gets indicted, a controversial clerk hire gets clarified, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:37 PM by Howard Bashman



Saturday, January 15, 2022

“Flexing its judicial muscle as the Supreme Court has not done in generations, the Court’s new conservative majority of six Justices on Thursday blocked the Biden Administration policy that sought to impose nationwide protection of more than 84 million workers from the deadly Covid-19 virus.” So begins Lyle Denniston’s blog post titled “Court sweeps away broadest anti-virus policy.”

Posted at 10:16 PM by Howard Bashman



“Some Brief Thoughts on Gorsuch’s Opinion in NFIB v. OSHA”: Anita Krishnakumar has this post at the “Election Law Blog.”

Posted at 10:12 PM by Howard Bashman



“Hospitals Confront the Fallout From Supreme Court Ruling on Vaccine Mandate; They could face more staff shortages, and workers and facilities could feel caught between opposing state and federal policies”: Audra D.S. Burch and Reed Abelson will have this article in Sunday’s edition of The New York Times.

Posted at 10:04 PM by Howard Bashman



“Don’t Pack the Court. Allow the Number of Justices to Float. That would strengthen the court’s legitimacy while keeping partisan tensions in check.” Professor Scott S. Boddery and Benjamin R. Pontz have this essay online at Politico Magazine.

Posted at 9:58 PM by Howard Bashman



“Some states move to protect abortion rights in face of challenge at Supreme Court; New Jersey codified the right to an abortion into state law this week”: Meredith Deliso of ABC News has this report.

Posted at 9:54 PM by Howard Bashman



“The Supreme Court can’t get its story straight on vaccines; The Court is barely even pretending to be engaged in legal reasoning”: Ian Millhiser has this essay online at Vox.

Posted at 9:50 PM by Howard Bashman



“Gorsuch v. the Administrative State Is Really Heating Up; Three Supreme Court conservatives have signaled that they want to go beyond barring vaccine mandates to erecting sweeping constitutional barriers against federal regulatory activity”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:23 PM by Howard Bashman



Friday, January 14, 2022

“The Even Bigger Problem With Neil Gorsuch’s Decision Not to Wear a Mask; The issue goes beyond whatever infectious particles might circulate around the bench”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:54 PM by Howard Bashman



“The Culture War Has Warped the Supreme Court’s Judgment; Yesterday’s decision hinges on a new and alarming embrace of the right-wing crusade against vaccination”: Adam Serwer has this essay online at The Atlantic.

Also online at The Atlantic, law professor Kimberly Wehle has an essay titled “The Supreme Court Has Anointed Itself Czar of the Country’s COVID Rules; The conservative justices say that vaccine policy is Congress’s or the states’ job, but in practice they’re the ones calling the shots now.”

Posted at 9:50 PM by Howard Bashman



“Boris Johnson in reverse: The Supreme Court gives itself what it bans for the rest of us.” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 9:46 PM by Howard Bashman



“Penn law professor Amy Wax enraged people with her comments about Asians. Now, she may face sanction. But some academics who ardently despise Wax’s comments say they would rather she retains the right to say them than allow her to be fired.” Susan Snyder of The Philadelphia Inquirer has this report.

And Christine Charnosky of Law.com has reports headlined “Debate Intensifies Over Potential Discipline for Penn Law Professor Amy Wax” and “Law Schools Often Have Little Recourse When Tenured Faculty Become PR Headaches.”

Posted at 8:55 PM by Howard Bashman



“What the Supreme Court’s OSHA Ruling Means: It weakens the legal basis for earlier efforts to protect workers from Covid, and it suggests other administrative ‘work-arounds’ will eventually fall.” Eugene Scalia has this essay online at The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Supreme Court to Hear Case of Coach Who Lost His Job Over Postgame Prayers; A federal appeals court ruled that a school board in Washington State could require the coach to stop praying at the 50-yard line after high school football games”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court to hear case of high school football coach who lost job after praying with players.”

David G. Savage of The Los Angeles Times reports that “Supreme Court will hear the case of football coach who led prayers on 50-yard line.”

John Fritze of USA Today reports that “Supreme Court to hear case of high school football coach who lost job after praying on field.”

Mark A. Kellner of The Washington Times reports that “Supreme Court to hear case of high school football coach who was sacked for praying on field.”

And Mark Walsh of Education Week reports that “Supreme Court to Hear Case of Coach Who Prayed After Games in Defiance of School District.”

You can access this afternoon’s Order List of the U.S. Supreme Court at this link.

Posted at 8:20 PM by Howard Bashman



“Judge Pryor cleared of allegations involving hiring of controversial clerk”: Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “Bill Pryor, chief judge of the federal appeals court in Atlanta, has been cleared of allegations of wrongdoing in that he hired a law clerk accused of sending racist and xenophobic texts.”

Second Circuit Chief Judge Debra Ann Livingston issued this decision dismissing the judicial conduct complaint on December 22, 2021.

And yesterday, the Judicial Council of the Second Circuit issued this order unanimously affirming the dismissal of the judicial conduct complaint.

Posted at 3:48 PM by Howard Bashman



“The Supreme Court Goes Anti-Vaxx”: Irin Carmon has this post at the “Intelligencer” blog of New York magazine.

Posted at 1:07 PM by Howard Bashman



“‘Simple’ lawsuit could pull U.S. Supreme Court into Indiana dispute over nursing home care”: Tim Evans of The Indianapolis Star has this report.

Posted at 1:03 PM by Howard Bashman



“Maskless and Inaccurate: The Supreme Court offers a window into partisan Covid fallacies.” Columnist David Leonhardt has this essay online at The New York Times.

Posted at 1:00 PM by Howard Bashman



“In a 6–3 Ruling, the Supreme Court Upholds the Covid Pandemic; The high court struck down OSHA’s testing mandate but left a vaccine requirement for health care workers in place”: Matt Ford has this essay online at The New Republic.

Posted at 12:52 PM by Howard Bashman



“The One Where Steve Gets COVID (with Preet Bharara)”: You can access the new episode of the “In Loco Parent(i)s” podcast, featuring Karen and Steve Vladeck, via this link.

Posted at 12:44 PM by Howard Bashman



Thursday, January 13, 2022

“New Jersey Adds Abortion Protections to State Law; Move comes as U.S. Supreme Court weighs federal protections for abortion rights”: Jennifer Calfas of The Wall Street Journal has this report.

Susan K. Livio and Brent Johnson of The Newark Star-Ledger report that “Murphy signs law protecting abortion rights in N.J.

And Katie Sobko of The Record of Hackensack, New Jersey reports that “New Jersey law protecting abortion rights signed by Murphy in Teaneck Thursday.”

Posted at 9:00 PM by Howard Bashman



“A Split Supreme Court Decision on Vaccine Mandates; At least the Justices struck down OSHA’s overreach on private employers”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



“Supreme Court Blocks Biden’s Virus Mandate for Large Employers; But the justices allowed a vaccination requirement for health care workers at facilities that receive federal money”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court blocks Biden’s workplace vaccine rules, allows requirement for health-care workers.”

David G. Savage of The Los Angeles Times reports that “Supreme Court blocks Biden’s vaccine mandate for the workplace.”

Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court Blocks Biden Vaccine Rules for Large Employers; Justices allow Covid-19 vaccine mandate for healthcare workers whose facilities participate in Medicare and Medicaid.”

John Fritze of USA Today reports that “Supreme Court blocks COVID-19 vaccine-or-testing mandate for workplaces but lets medical rule stand.”

Stephen Dinan of The Washington Times reports that “Supreme Court blocks Biden’s vaccine mandate on big businesses; Justices allow smaller mandate on medical workers to take effect.”

Lawrence Hurley and Andrew Chung of Reuters report that “U.S. Supreme Court blocks Biden vaccine-or-test policy for large businesses.”

Greg Stohr of Bloomberg News reports that “Supreme Court Blocks Biden’s Shot-or-Test Rule for Workers.”

Pete Williams of NBC News reports that “Supreme Court blocks Biden’s Covid requirements for businesses, upholds health care workers mandate; The workplace requirement, which was challenged by a group of red states and businesses, would have affected nearly 80 million U.S. workers.”

Ariane de Vogue of CNN reports that “Supreme Court blocks nationwide vaccine and testing mandate for large businesses, allows health care worker vaccine mandate to take effect.”

Eleanor Mueller and Josh Gerstein of Politico report that “SCOTUS blocks Biden’s workplace vaccine rule; But the justices ruled that a separate federal policy insisting that many health care workers be vaccinated could move forward.”

Todd Ruger of Roll Call reports that “Supreme Court blocks vaccine-or-mask mandate for larger employers; But the justices also allowed a similar mandate for health care workers at federally funded facilities.”

Nathaniel Weixel and John Kruzel of The Hill reports that “Supreme Court blocks Biden’s vaccine-or-test mandate for employers.”

Kelsey Reichmann of Courthouse News Service reports that “Supreme Court blocks federal mandate for private workers to vaccinate or test; The justices dropped two rulings late Thursday: one that freezes the mandate for large businesses and another that green-lights enforcement against health care workers.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court blocks Biden’s vaccine-or-test mandate for large private companies.”

Posted at 7:44 PM by Howard Bashman



“5th Circuit Judge Gregg Costa to Resign, Creating Second Vacancy for Biden; Court watchers say it’s rare for a federal appeals court judge to step down from a lifetime appointment”: Avalon Zoppo of The National Law Journal has this report.

According to the article, “The Fifth Circuit’s clerk’s office confirmed it received a copy of Costa’s letter to President Joe Biden announcing his intent to resign Aug. 5.”

Posted at 5:24 PM by Howard Bashman