How Appealing



Thursday, February 24, 2022

“Precedent Does Not Protect Preferences; It would be a mistake to assume the Court’s robust conception of precedent for statutory cases should preclude it from reconsidering affirmative action”: John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 1:18 PM by Howard Bashman



“Abortion Pills Now Account for More Than Half of U.S. Abortions; The data, released in a report Thursday, is a sign that medication abortion has become the most accessible and preferred method for terminating pregnancy”: Pam Belluck of The New York Times has this report.

Posted at 12:52 PM by Howard Bashman



“As Supreme Court Weighs Abortion Rights, More States Look at 15-Week Bans; Lawmakers in Florida, Arizona and West Virginia are pushing bills similar to the one being considered by the high court”: Jennifer Calfas of The Wall Street Journal has this report.

Posted at 11:26 AM by Howard Bashman



“Texas Supreme Court takes up challenge to state’s restrictive abortion law; The 5th U.S. Circuit Court of Appeals has asked the Texas Supreme Court to weigh in on the state’s new abortion law; Abortions after about six weeks of pregnancy have been effectively banned in Texas for nearly six months”: Eleanor Klibanoff of The Texas Tribune has this report.

The Supreme Court of Texas is live-streaming the oral argument of this appeal on YouTube right now via this link. [Update: Although the live oral argument has now concluded, the archived oral argument video remains available at that same YouTube link.]

Posted at 11:22 AM by Howard Bashman



Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Stephen G. Breyer delivered the opinion of the Court in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P., No. 20-915. And Justice Clarence Thomas issued a dissenting opinion, in which Justice Samuel A. Alito, Jr. joined in full and Justice Neil M. Gorsuch joined in part. You can access the oral argument via this link.

Posted at 10:04 AM by Howard Bashman



Wednesday, February 23, 2022

“Can Iowa require a 24-hour wait for abortions? State Supreme Court hears arguments.” Tony Leys of The Des Moines Register has this report.

Michaela Ramm of The Cedar Rapids Gazette reports that “Iowa Supreme Court hears arguments over 24-hour abortion waiting period; State asking court to overturn previous ruling that upheld fundamental right to abortion.”

David Pitt of The Associated Press reports that “Iowa justices reconsider state constitution’s abortion right.”

Rox Laird of Courthouse News Service reports that “Iowa Supreme Court takes new look at abortion rights; The state argued the court’s 2018 decision finding a fundamental right to abortion under the Iowa Constitution should be reversed.”

And Katarina Sostaric of Iowa Public Radio reports that “State asks Iowa Supreme Court to reverse 2018 abortion rights ruling.”

You can access the briefing in the case via this link.

Posted at 9:32 PM by Howard Bashman



“How a 1990 law Biden helped pass gives us a clue about his SCOTUS pick; Then-Sen. Biden wanted judges to move faster on their case work; The plan he helped write may prove newly relevant”: Laura Barrón-López and Burgess Everett of Politico have this report.

Posted at 9:08 PM by Howard Bashman



“Supreme Court Weighs Whether States May Defend a Trump Immigration Policy; After the Biden administration abandoned the policy, which tightened the ‘public charge’ rule for green card applicants, Republican-led states sought to intervene”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court considers whether Biden administration properly ditched Trump immigration rule.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Mulls Arizona Bid to Revive Trump Immigration Policy; Justices criticize Biden administration maneuver to cancel green card restrictions.”

The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in Arizona v. San Francisco, No. 20-1775.

Posted at 8:36 PM by Howard Bashman



“Don’t like anti-discrimination laws? The Supreme Court wants to hear your case.” Columnist Paul Waldman has this essay online at The Washington Post.

Posted at 8:25 PM by Howard Bashman



“Liberals circle the wagons around Ketanji Brown Jackson as Biden’s Supreme Court decision nears; A dozen progressive groups revealed their preferred candidate, without actually naming anyone, in a letter to the president”: Sahil Kapur of NBC News has this report.

Posted at 6:08 PM by Howard Bashman



“Sarah Palin to seek new trial, ask for judge’s disqualification in NY Times case”: Jonathan Stempel of Reuters has this report.

Posted at 5:32 PM by Howard Bashman



“Congresswoman Wilson Sends Letter to President Biden in Support of Ketanji Brown Jackson as SCOTUS Nominee”: So states the title of a news release received via email from the office of U.S. Representative Frederica S. Wilson (D-FL) referencing this letter dated yesterday.

Posted at 3:42 PM by Howard Bashman



“Why Obama didn’t nominate a Black woman to the Supreme Court before Biden; Biden’s campaign promise to nominate the first Black woman came after several potential Black justices were passed over under Obama”: Josh Gerstein of Politico has this report.

Posted at 3:08 PM by Howard Bashman



“Supreme Court weighs whether states may continue fight over Trump-era ‘public charge’ rule”: John Fritze of USA Today has this report.

Posted at 1:37 PM by Howard Bashman



“Supreme Court Refuses To Review OC Topless Ban Challenge”: Shawn Soper of The Dispatch of Berlin, Maryland has this report.

Posted at 1:32 PM by Howard Bashman



“Ketanji Brown Jackson’s candid 2007 take on Justice Clarence Thomas: ‘I don’t understand you’; The two could soon make history on the Supreme Court.” Lucien Bruggeman and Briana Stewart of ABC News have this report.

Posted at 12:28 PM by Howard Bashman



“Arbitration, Pendent Appellate Jurisdiction, and Appealable ‘Orders’: In an appeal from an order refusing to compel arbitration on all claims, the Fourth Circuit split on whether it could use pendent appellate jurisdiction to review the order insofar as it directed arbitration on some of the claims.” Bryan Lammon has this post at his “final decisions” blog.

Posted at 11:50 AM by Howard Bashman



“The Pennsylvania Supreme Court has picked a new congressional map; It’s a major decision for the court, and it will draw intense scrutiny”: Jonathan Lai of The Philadelphia Inquirer has this report.

And Marc Levy and Mark Scolforo of The Associated Press report that “Pennsylvania high court picks new map of US House districts.”

You can access today’s 4-to-3 per curiam order, with opinions to follow, of the Supreme Court of Pennsylvania at this link.

Posted at 11:38 AM by Howard Bashman



“Joe Biden’s Secret Constitutional Weapon: The striking history behind the president’s invocation of the Ninth Amendment.” Online at Politico Magazine, Ian Ward has an essay that begins, “In a meeting with the leaders of the Senate Judiciary Committee in early February, President Joe Biden said he wanted a Supreme Court candidate with a judicial philosophy ‘that suggests that there are unenumerated rights in the Constitution, and all the amendments mean something, including the Ninth Amendment.'”

Posted at 8:52 AM by Howard Bashman



“The absurd Supreme Court case that could gut the EPA: Nothing is at stake in West Virginia v. EPA — yet somehow everything is at stake.” Ian Millhiser has this essay online at Vox.

Posted at 8:48 AM by Howard Bashman



“The Supreme Court Just Teed Up a Direct Assault on Civil Rights Law; A constitutional revolution led by Justices Clarence Thomas and Neil Gorsuch has finally arrived”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 8:46 AM by Howard Bashman



“Biden Has History With Contentious Supreme Court Hearings. Now He’s Trying to Avoid One.” Jennifer Epstein of Bloomberg News has this report.

Posted at 8:36 AM by Howard Bashman



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