How Appealing



Thursday, February 3, 2022

“Sarah Palin’s libel case against New York Times opens in Manhattan courtroom, a culture clash with lasting legal potential; The former Alaska governor claims the paper defamed her with a 2017 editorial that was later corrected, in a case that tests long-standing protections for publishers”: Sarah Ellison of The Washington Post has this report.

Posted at 10:08 PM by Howard Bashman



“Does the Fourteenth Amendment Destroy Federalism? Relying on the Court to enforce uniform opinions on rights when there is no consensus seems more like an invitation to civil war than to civil rights.” Donald Devine has this post at the “Law & Liberty” blog.

Posted at 6:08 PM by Howard Bashman



“Is the legal standard for libel outdated? Sarah Palin could help answer. Her lawsuit against the New York Times will hinge on an earlier case. Some critics think it’s time for a new rule.” Law professor Genevieve Lakier has this essay online at The Washington Post.

Posted at 6:05 PM by Howard Bashman



“Ketanji Brown Jackson’s Harvard Race-Discrimination Problem: If Biden selects this judge, she will have to answer for her service on the board of a racially discriminatory college.” Dan McLaughlin has this essay online at National Review.

Posted at 3:54 PM by Howard Bashman



“‘The fight came to us’: Schumer the judicial warrior heads into SCOTUS battle; Republicans point to the majority leader as the catalyst for a snarled judicial confirmation process; Democrats see a leader who wanted to prevent the courts from leaning too far right.” Marianne LeVine of Politico has this report.

Posted at 3:50 PM by Howard Bashman



“Biden’s Supreme Court Pledge Reflects Push Across Federal Judiciary; Move to nominate first Black woman to high court is in line with lower-court nominations, which have emphasized diversity”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 3:48 PM by Howard Bashman



“Public’s Views of Supreme Court Turned More Negative Before News of Breyer’s Retirement; 84% say justices should not bring their political views into decisions”: Pew Research Center has this report.

Posted at 3:40 PM by Howard Bashman



“One Illness Reminds Democrats They Have No Votes to Spare; With a Supreme Court confirmation vote approaching, some Democrats are urging a speedier process to guard against unforeseen circumstances”: Carl Hulse has this new installment of his “Congressional Memo” column online at The New York Times.

Posted at 3:36 PM by Howard Bashman



“The only way to know we aren’t picking a justice for the wrong reason is to choose a White man”: Columnist Alexandra Petri has this essay online at The Washington Post.

Posted at 3:33 PM by Howard Bashman



“Neil Gorsuch’s Very Nonpartisan Federalist Society Speech Is Closed to the Press: Nothing to see here! Not that you could even if you wanted to!” Yvette Borja has this post at Balls and Strikes.

Posted at 2:50 PM by Howard Bashman



“‘There’s So Much That’s Not in the Constitution’: Unwritten ideas necessarily guide even the strictest readings of the text, despite what some originalist jurists like to believe.” Professor George Thomas has this essay online at The Atlantic.

Posted at 2:42 PM by Howard Bashman



“The Dan Markel Case: Justice Delayed, Again; And another interesting development: is Wendi Adelson now a suspect?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:28 PM by Howard Bashman



“Verdict: Jury finds neither party defamed each other in Roy Moore-Leigh Corfman lawsuits.” Kirsten Fiscus has this front page article in today’s edition of The Montgomery Advertiser.

Paul Gattis of Alabama Media Group has reports headlined “Roy Moore trial: Both sides claim victory after jury says neither party defamed the other” and “Roy Moore shifts attention to Etowah County lawsuit against accusers.”

And John Wagner of The Washington Post reports that “Neither Roy Moore nor his accuser prevail in dueling defamation suits in Alabama.”

Posted at 1:23 PM by Howard Bashman



“Sen. Ben Ray Luján’s stroke shows the fragility of Democrats’ Senate majority; Luján’s stroke appears relatively minor, but information about his condition has been closely held, fueling speculation about potential challenges for Democrats”: Mike DeBonis has this article in today’s edition of The Washington Post.

Posted at 1:14 PM by Howard Bashman



“Biden chooses Trump judge Stephanie Dawkins Davis for 6th Circuit U.S. Court of Appeals”: Melissa Nann Burke of The Detroit News has this report.

Todd Spangler of Detroit Free Press reports that “Biden nominates Michigan U.S. District Judge Stephanie Dawkins Davis to appeals bench.”

And Rose Wagner of Courthouse News Service reports that “Biden nominates Stephanie Dawkins Davis to Sixth Circuit vacancy; Davis would be the second Black woman to serve on the Sixth Circuit.”

Yesterday, the White House issued a news release titled “President Biden Makes Fourteenth Judicial Nominations Announcement.”

Posted at 11:37 AM by Howard Bashman



“Dan Markel murder: Magbanua trial postponed until May; judge says ‘I don’t have any choice.'” Karl Etters of The Tallahassee Democrat has this report.

Posted at 11:20 AM by Howard Bashman