How Appealing



Monday, February 7, 2022

“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



Sunday, February 6, 2022

“South Carolina judge is at the center of a political whirlwind around Biden’s Supreme Court decision”: Jeff Zeleny, Kevin Liptak, and Phil Mattingly of CNN have this report.

Posted at 8:42 PM by Howard Bashman



“Judicial Notice (02.05.22): Lesser White Men; Some tragic and untimely passings, a possible landmark libel case, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 7:05 PM by Howard Bashman



“Why Colleges Don’t Care About Free Speech: It’s incentives more than ideology, and there’s a simple fix.” In Monday’s edition of The Wall Street Journal, law professor John Hasnas will have an op-ed that begins, “Georgetown University’s law school violated its own speech policy last week when it placed Ilya Shapiro, a newly hired administrator, on leave over a tweet that offended some students.”

Posted at 7:00 PM by Howard Bashman



“Judges Weigh More Biden Vaccine-Mandate Cases After Supreme Court Rulings; Several lower courts considering challenges to the administration’s other Covid-19 vaccine requirements”: Jacob Gershman of The Wall Street Journal has this report.

Posted at 2:02 PM by Howard Bashman



“California’s Supreme Court Was Split. Leondra Kruger Found the Center. Known for her ‘elegant’ mind, the moderate judge, now on President Biden’s short list of potential high court nominees, could be a mediating force in Washington.” Shawn Hubler and Katie Benner of The New York Times have this report.

Posted at 1:58 PM by Howard Bashman



Saturday, February 5, 2022

“Yale Kamisar, Known as the ‘Father’ of the Miranda Rule, Dies at 92; His legal scholarship, cited in more than 30 Supreme Court cases, shaped modern criminal procedure, including protections for the rights of the accused”: This obituary, written by Clay Risen, appears in today’s edition of The New York Times.

Posted at 10:02 PM by Howard Bashman



“The Rude Trump Judge Who’s Writing the Most Bonkers Opinions in America: Lawrence VanDyke, a controversial appeals court judge, has been trashing his colleagues and delivering nonsensical rants since being elevated to the federal bench two years ago.” Matt Ford of The New Republic has this report.

Posted at 9:38 PM by Howard Bashman



“Don’t Assume Ilya Shapiro’s ‘Lesser Black Woman’ Tweet Was Racist”: Columnist John McWhorter has this subscriber-only newsletter online at The New York Times.

The essay concludes, “Strong people, frankly, don’t give a damn what a law school lecturer says about them on Twitter.”

Posted at 12:45 PM by Howard Bashman



“Ginni Thomas’ political activism brings scrutiny to Justice Clarence Thomas and the Supreme Court’s recusal rules”: Tierney Sneed, Caroline Kenny, and Pamela Brown of CNN have this report.

Posted at 12:42 PM by Howard Bashman



Friday, February 4, 2022

“Georgetown Law, Don’t Punish Your New Hire Over His ‘Lesser Black Woman’ Tweet”: Columnist Michelle Goldberg has this essay online at The New York Times.

Posted at 8:45 PM by Howard Bashman



“Former clerk rewrites SCOTUS contenders’ Wikipedia bios; A former clerk for Judge Ketanji Brown Jackson spent the last week amping up his former boss’s Wikipedia page while trying to plant seeds of skepticism about other high court hopefuls”: Samuel Benson of Politico has this report.

Posted at 7:46 PM by Howard Bashman



“The Nasty Double Standards That Make This SCOTUS Nomination So Toxic: Ever heard anyone complain about a ‘lesser white man’ on the shortlist?” Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 4:23 PM by Howard Bashman



“Ticktock of a Journalist’s Nightmare: The first day of the Palin v. Times case laid out a tricky path ahead for the former governor — but a ‘what if’ hung over the court.” Seth Stevenson has this jurisprudence essay online at Slate.

Posted at 4:21 PM by Howard Bashman



Access online the 2022 Winter Edition of Appellate Issues, a publication of the American Bar Association’s Council of Appellate Lawyers: Via this link. The articles summarize the programming at last November’s Appellate Judges Education Institute Summit in Austin, Texas.

Posted at 3:55 PM by Howard Bashman



“Special Report: Inside J&J’s secret plan to cap litigation payouts to cancer victims.” Mike Spector and Dan Levine of Reuters have this report.

Posted at 3:32 PM by Howard Bashman



“With court integrity on thin ice, the justices are sharpening their skates; It’s all quiet on First Street as accusations swirl over spousal conflict of interest and secret speeches to partisan groups”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 1:37 PM by Howard Bashman



“How Stephen Breyer could end his tenure with a surprise”: Columnist Hugh Hewitt has this essay online at The Washington Post.

Posted at 1:28 PM by Howard Bashman



“As SCOTUS Speculation Swirls, Leondra Kruger’s Colleagues Sing Her Praises; ‘To see her work and hear her questions . . . you’d never know what’s going on around her,’ Chief Justice Tani Cantil-Sakauye said of arguments earlier this week”: Cheryl Miller of The Recorder has this report.

Posted at 1:16 PM by Howard Bashman



“5 questions with Supreme Court Justice Sonia Sotomayor on her latest book, ‘Just Help! How to Build a Better World.'” Darcel Rockett of The Chicago Tribune has this Q&A.

Posted at 1:04 PM by Howard Bashman



“The Political Activism Of Ginni Thomas: A Threat To The Supreme Court?” Jane Mayer was the guest on today’s broadcast of WAMU 88.5’s “The Diane Rehm Show.”

Posted at 1:00 PM by Howard Bashman



“This consensus-building Californian deserves a spot on Biden’s Supreme Court short list”: Dan Morain has this essay online at The Washington Post.

Posted at 12:56 PM by Howard Bashman



“Gorsuch to headline GOP lineup of speakers at Federalist Society; media barred from his speech; Former vice president Mike Pence, Florida GOP Gov. Ron DeSantis and a former top Trump aide also will address the organization that was a pipeline for Trump’s judicial choices”: Mariana Alfaro of The Washington Post has this report.

And online at The Washington Post, Nathan T. Carrington and Logan Strother have an essay titled “Gorsuch is scheduled to speak to the right-wing Federalist Society. Americans find such speeches inappropriate. Americans don’t approve of justices appearing with politicians, our research finds.”

Posted at 11:40 AM by Howard Bashman



“Clyburn Pushes His Pick for Supreme Court, Testing His Sway With Biden; The highest-ranking Black member of Congress is credited with helping resurrect the president’s 2020 campaign at a critical point; Now he is calling in a favor”: Annie Karni has this front page article in today’s edition of The New York Times.

Posted at 11:34 AM by Howard Bashman



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