How Appealing



Tuesday, February 22, 2022

“Supreme Court won’t hear McGirt arguments from state of Oklahoma, 7 death-row inmates”: Curtis Killman of The Tulsa World has this report.

Posted at 9:53 PM by Howard Bashman



“Mitch McConnell Doesn’t Object to Biden’s Pledge to Pick Black Woman for Supreme Court; Some Republicans had criticized decision; president plans to make selection by end of month”: Siobhan Hughes will have this article in Wednesday’s edition of The Wall Street Journal.

Posted at 9:44 PM by Howard Bashman



“Transgender Bathroom Rights Return to Spotlight in Florida Case; U.S. appeals court is reconsidering school board’s arguments after an earlier court panel ruled for transgender student”: Laura Kusisto will have this article in Wednesday’s edition of The Wall Street Journal.

Megan Butler of Courthouse News Service reports that “Florida school defends transgender bathroom policy before full 11th Circuit; The appeals court agreed to rehear the case en banc after a three-judge panel upheld a decision finding it is unconstitutional for a Florida school board to prohibit a transgender boy from using the bathroom matching his gender identity.”

And Elise Elder of WUFT News reports that “US appeals court reconsiders Florida transgender rights case.”

You can access the audio of today’s en banc oral argument of the U.S. Court of Appeals for the Eleventh Circuit via this link.

Posted at 9:25 PM by Howard Bashman



“The Case of the Anti-Democracy Harvard Law Review Note; An arcane policy allows editors at one of the country’s most prestigious legal journals to publish anonymously”: Jay Willis has this post at Balls and Strikes.

Posted at 8:20 PM by Howard Bashman



“Biden interviews at least three Supreme Court contenders as announcement nears; As the president enters the final stages of his Supreme Court selection process, the White House has begun advising allies on how to push back against expected attacks”: Sean Sullivan, Seung Min Kim, and Tyler Pager of The Washington Post have this report.

Katie Rogers of The New York Times reports that “Biden Interviews 3 Supreme Court Candidates as His Search Narrows; The White House says the president is on track to decide on a nominee to fill the seat vacated by Justice Stephen G. Breyer by the end of February.”

Eliza Collins and Ken Thomas of The Wall Street Journal report that “Biden Has Interviewed Three Candidates for Supreme Court; The president is expected to announce his pick to replace retiring Justice Breyer by month’s end.”

And Ariane de Vogue, Joan Biskupic, and Manu Raju of CNN report that “Biden has met with at least three potential Supreme Court nominees; announcement expected soon.”

Posted at 8:17 PM by Howard Bashman



“Judge J. Michelle Childs — Nominee to the U.S. Court of Appeals for the D.C. Circuit”: Harsh Voruganti has this post at his blog, “The Vetting Room.”

Posted at 8:04 PM by Howard Bashman



“Abortion, Guns, Climate: Supreme Court Loads Docket With Culture-War Showdowns.” Greg Stohr of Bloomberg News has this report.

Posted at 5:00 PM by Howard Bashman



“The Texas abortion ban created a ‘vigilante’ loophole. Both parties are rushing to take advantage. After the Supreme Court allowed the Texas bill to take effect, at least 31 copycat laws on a variety of hot-button issues have been filed around the country.” Kimberly Kindy and Alice Crites of The Washington Post have this report.

Posted at 1:35 PM by Howard Bashman



“Sonia Sotomayor returns to Supreme Court bench as the only justice wearing a mask”: Ariane de Vogue of CNN has this report.

Posted at 1:26 PM by Howard Bashman



“Schumer, Durbin, and Whitehouse voted against vast majority of Trump minority appeals court nominees; Schumer opposed 95% of Trump appeals court nominees, according to Article III Project analysis”: Tyler Olson of Fox News has this report.

Posted at 1:24 PM by Howard Bashman



“Supreme Court to Hear Case of Web Designer Who Objects to Same-Sex Marriage; The case may settle a question left open in 2018: how to reconcile claims of religious liberty with laws barring discrimination based on sexual orientation.” Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court will hear another clash pitting religious rights against laws protecting LGBTQ people from discrimination.”

David G. Savage of The Los Angeles Times reports that “Supreme Court will decide whether web designer has a right to turn away same-sex couples.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court to Decide Constitutional Right to Deny Service to Same-Sex Couples; Case of website designer represents significant clash between LGBT and religious rights.”

John Fritze of USA Today reports that “Supreme Court to decide whether website designer may decline same-sex weddings.”

Alex Swoyer of The Washington Times reports that “Supreme Court to weigh free speech rights against LGBT discrimination laws.”

Jessica Gresko of The Associated Press reports that “High court takes case involving refusal to serve gay couples.”

Lawrence Hurley of Reuters reports that “U.S. Supreme Court takes up clash between religion and LGBT rights.”

Greg Stohr of Bloomberg News reports that “Supreme Court Takes Up New Clash on Same-Sex Weddings.”

Pete Williams of NBC News reports that “Supreme Court to decide whether some businesses can refuse to serve gay customers; The case involves a Colorado website designer who wants to refuse services for same-sex weddings.”

Ariane de Vogue and Tierney Sneed of CNN report that “Supreme Court takes up case of web designer who won’t work with same-sex couples.”

Josh Gerstein of Politico reports that “Supreme Court to decide web designer’s duty to work on same-sex wedding site; The case pits a Colorado web designer against a state law requiring services for same-sex couples.”

John Kruzel of The Hill reports that “Supreme Court takes up wedding site designer’s case refusing gay couples.”

Brad Kutner of Courthouse News Service reports that “Justices agree to hear discrimination challenge from Christian web designer; A woman who designs websites says she has been unable to expand her business into weddings because Colorado law would force her to work with same-sex clients.”

And Nina Totenberg of NPR reports that “Supreme Court to reconsider religious objectors’ refusal to serve same-sex couples.”

Posted at 1:22 PM by Howard Bashman



“#054: Panel Opinion — Oral Argument Techniques from Judge Patricia Millett, Joe Palmore, and Prof. Tiffany Wright.” You can access today’s new episode of the “How I Lawyer Podcast with Jonah Perlin” via this link.

Posted at 11:16 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court today granted review in two new cases, set exceptions to the Special Master Report for oral argument in due course in two consolidated original jurisdiction cases, and called for the views of the Solicitor General in three cases.

In addition, Justice Sonia Sotomayor issued a statement respecting the denial of certiorari in Ortiz v. Breslin, No. 20-7846.

Posted at 11:09 AM by Howard Bashman



“‘A singular focus’: Durbin is determined to make history as he works to confirm Biden’s Supreme Court pick.” Mike DeBonis, Seung Min Kim, and Rhonda Colvin have this article in today’s edition of The Washington Post.

Posted at 8:40 AM by Howard Bashman



“The Long Crusade of Clarence and Ginni Thomas: The Supreme Court justice and his wife battled for years for a more conservative America; New reporting shows how far she was willing to go after Donald Trump’s 2020 election loss.” Danny Hakim and Jo Becker will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 8:36 AM by Howard Bashman