How Appealing



Friday, March 25, 2022

“Supreme Court Rules Against Navy SEALs in Vaccine Mandate Case; The justices blocked a ruling that would have prevented the Pentagon from taking into account whether service members with religious objections were vaccinated”: Adam Liptak of The New York Times has this report.

You can access today’s 6-to-3 “shadow docket” ruling of the U.S. Supreme Court at this link.

Posted at 5:18 PM by Howard Bashman



“Supreme Court’s Justice Clarence Thomas Faces Scrutiny Over Wife’s Texts; Texts from Virginia Thomas to Trump chief of staff Mark Meadows over 2020 election prompt Democratic concerns about conflict of interest”: Jess Bravin and Siobhan Hughes of The Wall Street Journal have this report.

Jane Mayer of The New Yorker reports that “Legal Scholars Are Shocked By Ginni Thomas’s ‘Stop the Steal’ Texts; Several experts say that Thomas’s husband, the Supreme Court Justice Clarence Thomas, must recuse himself from any case related to the 2020 election.”

Dareh Gregorian of NBC News reports that “Democrats call on Justice Clarence Thomas to recuse himself from Jan. 6 cases due to his wife’s texts; Ginni Thomas had urged then-White House chief of staff Mark Meadows to tell Donald Trump to ‘stand firm’ and not concede the 2020 election.”

John Kruzel of The Hill reports that “Justice Thomas discharged from hospital, faces mounting ethics scrutiny.”

And in commentary, columnist Jesse Wegman of The New York Times has an essay titled “Ginni and Clarence Thomas Have Done Enough Damage.”

Posted at 5:11 PM by Howard Bashman



“AU & Bremerton School District Urge Supreme Court To Protect Religious Freedom Of Public School Students”: Americans United for Separation of Church and State issued this news release today.

You can view the Brief for Respondent filed today at this link. And you can access the other briefs filed in the case via this link.

Posted at 1:08 PM by Howard Bashman



“Ketanji Brown Jackson’s Confirmation Feels Both Pathbreaking and Hopeless”: Law professor Jamal Greene will have this essay in the Sunday Review section of this upcoming Sunday’s edition of The New York Times.

Posted at 12:50 PM by Howard Bashman



“‘You are worthy’: Sen. Booker draws tears at Jackson hearing.” Aaron Morrison of The Associated Press has this report.

Lisa Mascaro of The Associated Press reports that “Supreme Court nominee’s ’empathy’ is flashpoint for Senate.”

Tierney Sneed of CNN has a report headlined “Key takeaways from the four days of confirmation hearings for Ketanji Brown Jackson.”

And Jordain Carney of The Hill reports that “Jackson faces growing GOP opposition on Supreme Court.”

Posted at 10:30 AM by Howard Bashman



“Manchin says he will vote for Supreme Court nominee Ketanji Brown Jackson”: Clare Foran of CNN has a report that begins, “West Virginia Democratic Sen. Joe Manchin announced on Friday that he plans to vote for President Joe Biden’s Supreme Court nominee Ketanji Brown Jackson, a move that all but guarantees she will be confirmed.”

Posted at 10:07 AM by Howard Bashman



“Justice Gorsuch Embraces the Rule of Lenity — and Underscores Textualism’s Modest Goals”: Richard Samp has this post at the blog of the New Civil Liberties Alliance.

Posted at 9:20 AM by Howard Bashman



“How to rein in partisan Supreme Court justices”: Simon Lazarus has this post at the “FixGov” blog of the Brookings Institution.

Posted at 9:17 AM by Howard Bashman



“What If Lindsey Graham Really Wanted to Talk About Sentencing Under the Guidelines? A Close Reading of USSG §2G2.2(b)(6).” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 9:14 AM by Howard Bashman



“What Working Mothers Heard in Judge Jackson’s Words: Even the eminently accomplished Ketanji Brown Jackson knows the struggle of trying to balance a career and parenthood.” Molly Jong-Fast has this essay online at The Atlantic.

Posted at 9:12 AM by Howard Bashman



“The Constitution won’t interpret itself. Ketanji Brown Jackson owes us an answer on her judicial philosophy. Supreme Court justices need more than a commitment to impartiality. Even an impartial judge must interpret the law. That requires a judicial philosophy.” Law professor Scott Douglas Gerber has this essay online at USA Today.

Posted at 9:07 AM by Howard Bashman



“What Does Clarence Thomas Know? And when did he know it?” Dan Rather and Elliot Kirschner have this post at their “Steady” Substack site.

Posted at 9:04 AM by Howard Bashman