How Appealing



Monday, February 7, 2022

“Supreme Court, in 5-4 Vote, Restores Alabama’s Congressional Voting Map; A special three-judge court had ordered lawmakers to redraw the lines, saying Black voters ‘have less opportunity’ than other Alabamians to elect their favored candidates”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court stops lower court order requiring Alabama to draw a new district voting map favorable to Black residents.”

David G. Savage of The Los Angeles Times reports that “In win for GOP, Supreme Court blocks new Black-majority district in Alabama.”

Jess Bravin of The Wall Street Journal reports that “Divided Supreme Court Allows Alabama Congressional Map for Now; Republican-drawn map will remain in place while justices hear the case in full.”

John Fritze of USA Today reports that “Supreme Court permits Alabama congressional map lower court said could dilute Black vote.”

Alex Swoyer of The Washington Times reports that “Supreme Court allows Alabama’s redistricting map over racial gerrymandering claim.”

Mark Sherman and Jessica Gresko of The Associated Press report that “Supreme Court sides with GOP in Alabama election map case.”

Andrew Chung of Reuters reports that “U.S. Supreme Court lets Alabama use electoral map faulted for racial bias.”

Greg Stohr of Bloomberg News reports that “Top Court Restores Alabama Map in Blow to Black Voting Power.”

Pete Williams of NBC News reports that “Supreme Court allows Alabama voting maps that advocates say disenfranchise Black voters; A lower court said the map violated the Voting Rights Act by denying Black voters a new district.”

Ariane de Vogue and Tierney Sneed of CNN report that “Supreme Court lets GOP-drawn Alabama congressional map that critics say dilutes power of Black voters stay in place.”

Josh Gerstein, Zach Montellaro, and Ally Mutnick of Politico report that “Supreme Court restores Alabama’s redistricting plan for 2022; The justices split, 5-4, to block a lower court order that said a new map diluted the influence of Black voters.”

Kelsey Reichmann of Courthouse News Service reports that “Supreme Court blocks redraw of GOP-friendly congressional map in Alabama; In a blow to voting rights advocates, the justices blocked a lower court order that would have forced the state to redraw its congressional maps to be more friendly to Black voters.”

And Nina Totenberg of NPR reports that “Supreme Court lets Alabama use GOP-backed map of the state’s congressional districts.”

You can access this evening’s order of the U.S. Supreme Court, and the opinions concurring therein and dissenting therefrom, at this link.

Posted at 8:26 PM by Howard Bashman



“A Black Woman Supreme Court Justice Exposes the Legal System’s Biggest Lies; The simple act of adding to the Court a justice who might not uphold assorted oppressive orthodoxies raises the obvious question of whether previous Courts were ever legitimate in the first place”: Madiba K. Dennie has this post at Balls and Strikes.

Posted at 7:54 PM by Howard Bashman



“How the U.S. Government Built the Largest System of Prior Restraint in U.S. History”: Jack Goldsmith and Oona Hathaway have this post at the “Lawfare” blog.

Posted at 6:05 PM by Howard Bashman



“Fla. Republicans ditch Texas-style abortion law for what they call a ‘generous’ 15-week ban, drawing criticism from all sides; The approach, seen as an emerging GOP strategy to prepare voters for a post-Roe world, has prompted rare denunciations from the right of Gov. Ron DeSantis”: Caroline Kitchener of The Washington Post has this report.

Posted at 5:04 PM by Howard Bashman



“What’s at stake in Supreme Court affirmative action cases”: Today’s edition of The Boston Globe contains three op-eds addressing this subject.

Silvana Gómez has an op-ed titled “Affirmative action doesn’t give people like me an unfair advantage; If our college campuses do not reflect our diverse communities, we all face the threat of living in an even more segregated society.”

Viet Andy Nguyen has an op-ed titled “Ditching legacy admissions is first step in ending disparities; The answer to higher education’s exclusivity and homogeneity is not to create an elite lineage of people of color, but rather to increase access to those most marginalized within our communities.”

And law professor Ilya Somin has an op-ed titled “Court should reject the flawed diversity theory; It should make clear that anti-Asian discrimination is no different from that against other groups.”

Posted at 4:12 PM by Howard Bashman



“Does the Written Constitution Matter? The (Un)Written Constitution would turn back the clock to the halcyon days of freewheeling judicial activism.” At the “Law & Liberty” blog, Mark Pulliam has this review of George Thomas’s new(ish) book, “The (Un)Written Constitution.”

Posted at 4:05 PM by Howard Bashman



“Why Biden Should Pick a Black Woman Politician for the Supreme Court; From Earl Warren to Sandra Day O’Connor, elected officials have made strong Supreme Court justices; We don’t need another career jurist”: Matthew Cooper has this essay online at Washington Monthly.

Posted at 1:35 PM by Howard Bashman



“Coming Soon: Political Theater of Supreme Court Nominations.” Madison Alder and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 1:32 PM by Howard Bashman



“The Supreme Court Shortlister Who Has Liberals Worried; Judge Michelle Childs’s unique background would lend a diversity of experience to the high court; It has also left her vulnerable to critics”: Matt Ford of The New Republic has this report.

And Alexander Sammon of The American Prospect has reports headlined “Michelle Childs’s Punitive Criminal Justice Rulings Were Repeatedly Overturned; The candidate for the Supreme Court vacancy has a history of tough-on-crime sentences and opinions that higher courts subsequently tossed out” and “Clyburn Pushes Management-Side Labor Attorney for Supreme Court; Michelle Childs, a potential choice to replace Stephen Breyer, worked for years defending employers accused in racial, gender, and other discrimination cases.”

Posted at 1:15 PM by Howard Bashman



“Amy Coney Barrett’s Long Game: The newest Supreme Court Justice isn’t just another conservative — she’s the product of a Christian legal movement that is intent on remaking America.” Margaret Talbot has this Annals of Law article in the February 14, 2022 issue of The New Yorker.

Posted at 8:34 AM by Howard Bashman