How Appealing



Wednesday, April 20, 2022

“Only One Blue State Is Fully Preparing for the Next Phase of the Abortion Wars; Republican legislators are already plotting to punish reproductive health providers across state lines; Connecticut has a plan to fight back”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 10:55 PM by Howard Bashman



“Justice Dept. Appeals to Reinstate Transportation Mask Mandate; The Centers for Disease Control and Prevention ruled the mandate ‘necessary,’ but an appeal risks creating a precedent that could permanently constrain the agency”: Sheryl Gay Stolberg will have this front page article in Thursday’s edition of The New York Times.

Dan Diamond and Ann E. Marimow of The Washington Post report that “Biden administration to appeal ruling striking down transit mask mandate.”

Sadie Gurman and Betsy McKay of The Wall Street Journal report that “Justice Department to Appeal Court Ruling Invalidating Public Transportation Mask Mandate; The action comes at the request of the CDC.”

And Tom Howell Jr. of The Washington Times reports that “Biden administration appeals mask mandate rejection after CDC says it must fight.”

And Emily Zantow of Courthouse News Service reports that “DOJ appeals mask ruling after CDC says it is ‘necessary’ for public health; The Centers for Disease Control and Prevention said in a statement on Wednesday that ‘an order requiring masking in the indoor transportation corridor remains necessary for the public health.’

Posted at 10:30 PM by Howard Bashman



“Who is Judge Kathryn Kimball Mizelle, the federal judge who blocked Biden’s travel mask mandate?” Veronica Stracqualursi of CNN has this report.

Posted at 10:54 AM by Howard Bashman



“Ginni Thomas also texted Meadows about another friend who shared election fraud conspiracy theories”: Katelyn Polantz and Andrew Kaczynski of CNN have this report.

Posted at 10:46 AM by Howard Bashman



Tuesday, April 19, 2022

“Biden asks Supreme Court for OK to scrap Trump’s Remain in Mexico policy on asylum-seeking migrants; Oral arguments set for April 26 in Biden vs. Texas, as state tries to stymie president a third time at high court”: Todd J. Gillman of The Dallas Morning News has this report.

Posted at 10:40 PM by Howard Bashman



“Connecticut Gov. Lamont pledges to sign key abortion bill passed by House as U.S. Supreme Court ruling awaits”: Christopher Keating of The Hartford Courant has this report.

Posted at 10:34 PM by Howard Bashman



“Biden Signs Jackson’s Supreme Court Commission Early in Unusual Move”: Greg Stohr and Jordan Fabian of Bloomberg News have this report.

Posted at 10:32 PM by Howard Bashman



“What we know about the federal judge from Florida who struck down CDC mask mandate for travelers”: Kate Cimini of The Fort Myers News-Press has this report.

Posted at 10:30 PM by Howard Bashman



Monday, April 18, 2022

“Federal Judge Strikes Down Mask Mandate for Planes and Public Transit; The nation’s largest airlines dropped the requirement within hours of the ruling, but New York’s M.T.A. said its passengers must still wear a mask for now”: Charlie Savage and Heather Murphy will have this front page article in Tuesday’s edition of The New York Times.

Michael Laris and Justin George of The Washington Post reports that “TSA stops mask enforcement after federal judge voids mandate; The transportation mandate has been among the highest-profile mask requirements in the country.”

And Megan Butler of Courthouse News Service reports that “Federal judge strikes down mask mandate for travelers; Ruling against the government, the judge found the mask mandate exceeds the CDC’s statutory authority and violates procedures for agency rulemaking.”

You can access today’s ruling of the U.S. District Court for the Middle District of Florida at this link.

Posted at 10:24 PM by Howard Bashman



“Putting the Text in Originalism: Three Odd Amendments.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 5:24 PM by Howard Bashman



“Why Conservatives Are Losing Their Minds Over the Supreme Court’s McGirt v. Oklahoma Decision; The Fox News backlash has very little to do with public safety, and a whole lot to do with the state’s power over the tribes and their citizens”: Matt Irby has this post at Balls and Strikes.

Posted at 5:22 PM by Howard Bashman



“N.J. challenge to reduced property tax breaks under Trump tax law turned away by Supreme Court”: Jonathan D. Salant of The Newark Star-Ledger has this report.

Posted at 5:08 PM by Howard Bashman



“Can the S.E.C. Require ‘Gag Orders’ When It Settles Cases? The Supreme Court has been asked to review the practice, which a judge called ‘a stew of confusion and hypocrisy’ and which challengers say violates the First Amendment.” Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 5:02 PM by Howard Bashman



“Supreme Court Rules Against Airman Who Refused Vaccine; The justices said the Pentagon need not accommodate Lt. Col. Jonathan Dunn, who said he had a religious objection to the coronavirus vaccine”: Adam Liptak of The New York Times has this report.

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 4:56 PM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases but called for the views of the Solicitor General in two cases.

And in Love v. Texas, No. 21–5050, Justice Sonia Sotomayor issued a dissent, in which Justices Stephen G. Breyer and Elena Kagan joined, from the denial of summary vacatur.

Posted at 9:41 AM by Howard Bashman



Sunday, April 17, 2022

“If Roe v. Wade Is Overturned, What’s Next? After building toward such a moment for half a century, pro-life legal efforts aren’t likely to stop there.” Law professor Jeannie Suk Gersen will have this Comment in the April 25, 2022 issue of The New Yorker.

Posted at 5:40 PM by Howard Bashman



“O’Connor has Republican raging, but ‘fat cats’ don’t fear high court”: Columnist Thomas Suddes has this essay online at The Columbus (Ohio) Dispatch.

Posted at 5:32 PM by Howard Bashman



“Nancy Waples, daughter of Chinese immigrants, becomes first woman of color on Vermont’s Supreme Court”: Andrew Brinker of The Boston Globe has this report.

Posted at 5:27 PM by Howard Bashman



“Guns, guns everywhere: Last week’s subway shooting was horrifying. If the Supreme Court creates a national right to carry, the future will be worse.” Professor Saul Cornell has this op-ed online at The New York Daily News.

Posted at 5:04 PM by Howard Bashman



“As Supreme Court weighs abortion, Christians challenge what it means to be ‘pro-life'”: Jaweed Kaleem of The Los Angeles Times has this report.

Posted at 5:02 PM by Howard Bashman



“Days After Setting an Execution Date, a Texas Prosecutor Reverses Course; John Henry Ramirez, a death row inmate whose religious freedom case gained national attention, may win a reprieve in an unexpected twist”: Ruth Graham has this article in today’s edition of The New York Times.

And Abby Livingston of The Texas Tribune reports that “Prosecutor moves to stop execution of inmate whose religious freedom case reached U.S. Supreme Court; The Nueces County district attorney, Mark A. Gonzalez, has moved to withdraw the death warrant for John Henry Ramirez, convicted of a 2004 robbery-murder.”

Posted at 5:00 PM by Howard Bashman



“Poll: Most Americans see politics over substance in Supreme Court confirmation process; Fresh off of Judge Ketanji Brown Jackson’s confirmation to the Supreme Court, a new poll shows some Americans have concerns about the arduous and political Senate approval process.” John Fritze and Chelsey Cox of USA Today have this report.

Posted at 4:56 PM by Howard Bashman



Friday, April 15, 2022

“Justices Ginsburg and O’Connor will get statues on US Capitol grounds”: Annie Grayer, Kristin Wilson, and Paul LeBlanc of CNN have this report.

Posted at 9:35 PM by Howard Bashman



In recent jurisprudence essays published online at Slate: Dahlia Lithwick and Mark Joseph Stern have an essay titled “How the Right Is Bringing Christian Prayer Back Into Public Schools: Conservative judges and lawmakers have recast religious neutrality as anti-Christian bigotry.”

And Stern has an essay titled “How Red States Plan to Reach Beyond Their Borders and Outlaw Abortion in America; Republican-led legislatures are already developing schemes to punish patients and providers around the country.”

Posted at 9:33 PM by Howard Bashman



“Lizelle Herrera’s arrest in Texas is not unique — and could get much more common; There have been more than 1,600 instances of pregnant people facing arrests and investigations since Roe v. Wade, a Supreme Court brief details”: Chris Geidner of Grid has this report.

Posted at 9:25 PM by Howard Bashman



“Conservative Law Professors Are Gearing Up For the Next Culture Wars; For decades, originalism was the darling of conservative legal academics; ‘Common good constitutionalism’ could take reactionary politics much further”: James LaRock has this post at Balls and Strikes.

Posted at 9:00 PM by Howard Bashman



“May the President Prospectively Appoint a Supreme Court Justice to a Seat that Is Not Yet Vacant? A newly released memo from the Office of Legal Counsel suggests the answer is ‘yes.'” Jonathan H. Adler has this post at “The Volokh Conspiracy” about an Office of Legal Counsel opinion made public today.

Posted at 8:57 PM by Howard Bashman