How Appealing



Friday, February 11, 2022

“Conservatives Are Using the Anti-Choice Playbook to Attack Affirmative Action, Too; A six-justice conservative supermajority allows the Court to tear down decades of precedent that protects vulnerable people without even pretending to replace it”: Lisa Needham has this post at Balls and Strikes.

Posted at 2:00 PM by Howard Bashman



“The Supreme Court’s ‘Dead Hand’: The 6–3 majority-conservative Supreme Court is dangerously out of step with a demographically and culturally changing America.” Ronald Brownstein has this essay online at The Atlantic.

Posted at 1:56 PM by Howard Bashman



“The Supreme Court Is Just Doing What the Supreme Court Does”: Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 1:52 PM by Howard Bashman



“The Supreme Court Seems to Think Discrimination Is When You Try to Remedy Discrimination; The conservative justices are scrapping Americans’ constitutional rights, all while pretending they aren’t”: Adam Serwer has this essay online at The Atlantic.

Posted at 1:46 PM by Howard Bashman



“Potential pick Ketanji Brown Jackson would make history as first federal public defender on Supreme Court”: Ann E. Marimow and Aaron C. Davis of The Washington Post have this report.

Posted at 1:44 PM by Howard Bashman



“Biden faces conflicting pressures as he closes in on a Supreme Court nominee; The first Black federal judge in Alabama, U.W. Clemon, urged the president not to go with appeals Judge Ketanji Brown Jackson in a letter obtained by NBC”: Leigh Ann Caldwell, Kristen Welker, Kelly O’Donnell, and Sahil Kapur of NBC News have this report.

Posted at 1:32 PM by Howard Bashman



Thursday, February 10, 2022

“Ketanji Brown Jackson’s background is unusual for a Supreme Court nominee. It involves Miami.” Jay Weaver of The Miami Herald has this report.

Posted at 7:42 PM by Howard Bashman



“Three judicial nominees make it through blue-slip debacle and out of committee; Republican frustrations over the disappearance of the blue slip for circuit court nominations did not torpedo the chances of Biden’s Sixth Circuit pick and two prospective district judges”: Rose Wagner of Courthouse News Service has this report.

Posted at 1:06 PM by Howard Bashman



“Taylor Swift, BBQ and Wordle: 10 questions for Paul Weiss’ Kannon Shanmugam.” Caitlin Tremblay of Reuters has this.

Posted at 1:02 PM by Howard Bashman



“Reversal Rates Imperfect Tool for Judging Supreme Court Nominees”: Kimberly Strawbridge Robinson and Jordan S. Rubin of Bloomberg Law have this report.

Posted at 11:56 AM by Howard Bashman



“U.S. Sens. Ossoff, Warnock embrace opportunity to diversify Supreme Court”: Tia Mitchell of The Atlanta Journal-Constitution has this report.

Posted at 11:07 AM by Howard Bashman



“Biden’s SCOTUS Pledge Is a Model of How Affirmative Action Should Work; The president is showing how to correct historic exclusion — and why the Supreme Court should be part of the solution”: Law professor Sheryll Cashin has this essay online at Politico Magazine.

Posted at 11:05 AM by Howard Bashman



“Black female lawmakers warn against pitting Supreme Court candidates against each other; At the forefront of their minds: Making sure the eventual nominee is not tainted by Democratic infighting ahead of expected GOP attacks on her qualifications and judicial philosophy.” Marianna Sotomayor of The Washington Post has this report.

Posted at 10:58 AM by Howard Bashman



“Georgia Senate votes to put statue of Clarence Thomas on Capitol grounds”: Maya T. Prabhu of The Atlanta Journal-Constitution has this report.

Posted at 10:56 AM by Howard Bashman



“Georgetown lecturer Ilya Shapiro hopes Supreme Court tweet controversy helps ‘broken’ political discourse; Public debate is clearly broken in the United States, Shapiro says”: David Rutz of Fox News has this report.

Posted at 10:54 AM by Howard Bashman



“Justice Sotomayor Sees ‘Crisis’ as Judicial Philosophies Become ‘Slogans’ for Political Platforms; ‘As norms in the nomination process are broken, as more senators, local politicians and media question the legitimacy of the court, many of them heap scorn on the court,’ the justice said”: Marcia Coyle of The National Law Journal has this report.

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Sotomayor Warns Confirmation Battles Risk Undermining Courts.”

And Jimmy Hoover of Law360 has a report headlined “Sotomayor: Judging And Politics Now ‘Tightly Interwoven.’

Posted at 10:50 AM by Howard Bashman



“Supreme Court justices insist all is well, but their caustic written opinions say otherwise”: Ariane de Vogue of CNN has this report.

Posted at 10:42 AM by Howard Bashman



Wednesday, February 9, 2022

“5th Circuit Judge Gregg Costa to Return to Private Practice, Saying He’s ‘Better Suited to Being an Advocate’; Judge Gregg Costa is resigning from the U.S. Court of Appeals for the Fifth Circuit in August”: Avalon Zoppo has this report online at Texas Lawyer.

According to the article, “The 49-year-old jurist said he plans to return to private practice with a broad focus on civil and criminal work at the trial court level.”

Posted at 8:24 PM by Howard Bashman



“A Product of Public Universities, Michelle Childs Would Be an Unconventional Court Pick; The judge is seen by some as a long shot for the Supreme Court, but supporters say her bipartisan backing and the appeal of her humble ascent should not be overlooked”: Erica L. Green and Rick Rojas of The New York Times have this report.

Posted at 7:55 PM by Howard Bashman



“The Supreme Court Is Even More Conservative Than You Think: Long before the 6–3 court hands down rulings, the cases it chooses to hear have a tidal effect on the nation’s ideological drift.” Matt Ford has this essay online at The New Republic.

Posted at 7:44 PM by Howard Bashman



“The Biden Appointee Who Could Change the Constitution: How hard is it to amend the Constitution? Even harder than you think.” Russell Berman of The Atlantic has this report.

Posted at 7:42 PM by Howard Bashman



“Intolerant Lawyers Shouldn’t Be Judges: Law school deans, faculty and students who stifle opposing views are unfit ever to sit on the bench.” Law professor Philip Hamburger will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 5:46 PM by Howard Bashman



“Every Supreme Court Nominee Deserves Firm Opposition; The Republicans’ informal plan to avoid a battle over the president’s choice would deprive them of the chance to debate the justices’ proper role”: Ramesh Ponnuru recently had this essay online at Bloomberg Opinion.

Posted at 1:24 PM by Howard Bashman



“The Amazing Vanishing Bill of Rights: The Constitution’s first ten amendments are supposed to protect criminal defendants from the government; The Supreme Court has ensured that they barely protect anybody from anything.” Zeke Webster has this post at Balls and Strikes.

Posted at 1:04 PM by Howard Bashman



“Clarence and Ginni Thomas, the Supreme Court’s Unethical ‘It’ Couple: How the Thomases have been able to get away with their decades long abuse of influence.” Elie Mystal has this essay online at The Nation.

Posted at 1:02 PM by Howard Bashman