How Appealing



Wednesday, March 30, 2022

“Justice Thomas Shouldn’t Recuse From Elections Cases; If his wife Ginni’s political views are enough to warrant recusal, the Supreme Court might never have a full complement of nine”: This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 10:00 PM by Howard Bashman



Who says you can’t sue when a website hurts your feelings? Yesterday, Eleventh Circuit Judge Kevin C. Newsom issued another magnum opus on the subject of standing to sue, in the form of an opinion of the court and an accompanying concurring opinion. The other two judges on the panel also issued concurring opinions.

In news coverage, Bernie Pazanowski of Bloomberg Law reports that “Disabled Tester’s Suit Against Hotel She Won’t Visit May Proceed” (subscription required for full access).

Posted at 9:27 PM by Howard Bashman



“Supreme Court weighs employer’s challenge to California labor law”: David G. Savage of The Los Angeles Times has this report.

Bob Egelko of The San Francisco Chronicle has an article headlined “Should employees be able to collectively sue over labor violations? Supreme Court considers California law.”

And Kelsey Reichmann of Courthouse News Service reports that “Justices wary of challenge to law protecting California workers; The high court’s decision could affect how the Golden State enforces its labor laws.”

The U.S. Supreme Court has posted online the audio and transcript of today’s oral argument in Viking River Cruises, Inc. v. Moriana, No. 20-1573.

Posted at 9:18 PM by Howard Bashman



“Planned Parenthood files lawsuit to stop Idaho’s restrictive abortion law”: Ryan Suppe of The Idaho Statesman has this report.

And Carson McCullough of Courthouse News Service reports that “Planned Parenthood takes Idaho to court over Texas-styled abortion law; The nonprofit reproductive health care provider called the law an ‘unprecedented power grab’ by the Idaho Legislature and said it bans abortions in the state before most patients even know they are pregnant.”

Posted at 9:08 PM by Howard Bashman



“Are the Rule 3(c) Amendments Retroactive? The Eighth Circuit didn’t apply the recently amended Rule 3(c) to a pending case (or even mention the amendment). Did the court not think it was ‘just and practicable’ to apply the new rule? Or did the court overlook the amendment?” Bryan Lammon has this post at his “final decisions” blog.

Posted at 8:15 PM by Howard Bashman



“A Glimpse Into a Fearful, Angry, Imaginary World: Ginni Thomas’s texts offer a window into a dark and conspiratorial mindset.” Peter Wehner has this essay online at The Atlantic.

Posted at 1:25 PM by Howard Bashman



“State Supreme Court nominee holds discussion with students”: Amethyst Martinez of The Rider News has a report that begins, “Rachel Wainer Apter, Director of the New Jersey Division on Civil Rights and New Jersey Supreme Court nominee, joined Rider students and faculty for an open discussion in the Rue Auditorium on March 24.”

Posted at 9:24 AM by Howard Bashman



“How to Impeach a Supreme Court Justice: It has never been done successfully, but lawmakers should investigate whether Clarence Thomas’ behavior merits an attempt.” Law professor Kimberly Wehle has this essay online at Politico Magazine.

Posted at 9:22 AM by Howard Bashman



“Two-thirds of Americans back Judge Ketanji Brown Jackson for Supreme Court, poll shows; After four days of hearings last week, the Senate Judiciary Committee is expected to vote Monday on Jackson; Democrats are pushing for a final vote on her confirmation by Easter”: John Fritze of USA Today has this report.

And law professor Charles Franklin, director of the Marquette Law School Poll, has a blog post titled “New Marquette Law School Poll national survey finds two-thirds of public support confirming Katanji Brown Jackson as a Supreme Court justice.” You can access the survey results via this link.

Posted at 9:10 AM by Howard Bashman



“Collins to Back Jackson for Supreme Court, Giving Her a G.O.P. Vote; Senator Susan Collins, a centrist from Maine, said a second meeting with Judge Ketanji Brown Jackson alleviated her concerns; It is unclear if other Republicans will join her”: Carl Hulse of The New York Times has this report.

Posted at 9:00 AM by Howard Bashman