How Appealing

Wednesday, May 4, 2022

“Following Supreme Court ruling, Salem’s Satanic Temple wants to fly its flag at Boston City Hall”: Danny McDonald of The Boston Globe has this report.

Posted at 10:08 PM by Howard Bashman

“Draft abortion opinion puts new spotlight on confirmation hearings; Supreme Court nominees told senators they saw Roe as reaffirmed precedent; Now they appear ready to overturn it”: Seung Min Kim of The Washington Post has this report.

Posted at 10:06 PM by Howard Bashman

“As Leak Theories Circulate, Supreme Court Marshal Takes Up Investigation; Not since Bob Woodward and Carl Bernstein refused for decades to disclose the identity of their Watergate source has Washington been as eager to unmask a leaker”: Michael D. Shear and Zolan Kanno-Youngs will have this article in Thursday’s edition of The New York Times.

Posted at 8:55 PM by Howard Bashman

“What an Unprecedented Supreme Court Leak Says About the Future of Abortion — and About Precedent Itself: The fragility of the right to an abortion has become synonymous with the fragility of the Court’s legitimacy.” Law professor Jeannie Suk Gersen has this Daily Comment online at The New Yorker.

Posted at 8:27 PM by Howard Bashman

“Once Close Allies, Roberts and Alito Have Taken Divergent Paths; Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. have become emblems of a stark divide at the Supreme Court as it confronts whether to overturn Roe v. Wade”: Adam Liptak of The New York Times has this report.

Posted at 8:24 PM by Howard Bashman

“Who Are the Best Lawyers? There’s Litigation About That. Elsewhere, two attorneys — both of whom handle marijuana-related matters — are in a dispute over who can call themselves the ‘dopest lawyer.'” Jacob Gershman will have this front page article in Thursday’s edition of The Wall Street Journal.

Posted at 7:34 PM by Howard Bashman

“Justice Alito’s Originalist Triumph; Chief Justice Rehnquist planted the seeds for the abortion opinion in a 1997 case involving assisted suicide”: David J. Garrow will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 7:28 PM by Howard Bashman

“The Conservatives Aren’t Just Ending Roe — They’re Delighting in It; This is the work of the Supreme Court’s emboldened, radical majority”: Law professor Mary Ziegler has this essay online at The Atlantic.

Posted at 7:20 PM by Howard Bashman

“Yes, Sam Alito Is Coming After Marriage Equality Next; Alito’s draft opinion bends over backwards to insist Obergefell v. Hodges is safe; This claim does not hold up to even cursory scrutiny”: Lisa Needham has this post at Balls and Strikes.

Also online there, Jay Willis has a post titled “Supreme Court Leaks Are Good, Actually; The leaked draft opinion that would overturn Roe is not a disease the Court’s defenders can cure; It is a symptom of the Court’s deep-seated, incurable rot.”

Posted at 5:48 PM by Howard Bashman

“Overturning Roe Opens Door for Long-Dormant State Abortion Bans; Michigan’s law was passed in 1846, Virginia’s in 1848; States could face years of legal fights if Roe is overruled”: David Welch and Francesca Maglione of Bloomberg News have this report.

Posted at 5:38 PM by Howard Bashman

“Supreme Court Leak Investigation Will Be Led by Ex-Army Lawyer; Marshal job best known for opening court sessions with ‘Oyez’; Roberts directs Curley to open probe over ‘betrayal’ of court”: Joe Schneider of Bloomberg News has this report.

Posted at 5:28 PM by Howard Bashman

“Women Wouldn’t Lose Their Right to Choose If We Elected Presidents by Popular Vote; Four of the five justices who are prepared to overturn Roe were installed by popular vote–losing presidents; Blame the Electoral College”: Timothy Noah has this essay online at The New Republic.

Also online there, Matt Ford has an essay titled “The Supreme Court Won’t Stop With Abortion Rights; Tuesday’s leaked draft decision is a fearsome template for overturning a slew of rulings that have shaped American life for decades.”

Posted at 3:11 PM by Howard Bashman

“Why There Are No Women in the Constitution: There is little mention of abortion in a four-thousand-word document crafted by fifty-five men in 1787; This seems to be a surprise to Samuel Alito.” Jill Lepore has this Daily Comment online at The New Yorker.

Posted at 3:00 PM by Howard Bashman

“Explainer: Is it illegal to leak a U.S. Supreme Court opinion?” Mike Scarcella, Karen Sloan, and Jacqueline Thomsen of Reuters have this report.

Posted at 2:58 PM by Howard Bashman

“What the Leaked Abortion Opinion Gets Wrong About Unenumerated Rights; The Constitution protects many more rights than it mentions”: Damon Root has this post online at Reason.

Posted at 2:56 PM by Howard Bashman

“The case against the Supreme Court of the United States: The Court was the midwife of Jim Crow, the right hand of union busters, and the dead hand of the Confederacy, and is now one of the chief architects of America’s democratic decline.” Ian Millhiser has this essay online at Vox.

Posted at 2:50 PM by Howard Bashman

In essays available online at Slate: Law professor Ira C. Lupu has a jurisprudence essay titled “What Can the Chief Justice Do Now?”

Law professor Dara E. Purvis has a jurisprudence essay titled “All the Ways Alito’s Opinion Might Criminalize Pregnancy.”

Jordan Weissmann has an essay titled “Actually, It’s Perfectly Rational for Republicans to Be Furious About That Supreme Court Leak; They’ve been pursuing a deeply unpopular legal victory for the last 50 years; On Monday, somebody may have tried to stop them.”

And Christina Cauterucci has an essay titled “Pro-Choice Susan Collins Put a Stake in the Heart of Roe; Why is she pretending to be shocked at its demise?

Posted at 2:48 PM by Howard Bashman

“RI Supreme Court upholds state law protecting abortion rights”: Katie Mulvaney of The Providence Journal has this report.

And Edward Fitzpatrick of The Boston Globe reports that “R.I. Supreme Court rejects challenge to Reproductive Privacy Act; As the US Supreme Court looks to reverse Roe v. Wade, Rhode Island’s high court upholds the state law protecting abortion rights after Catholics for Life seeks to have it overturned.”

You can access today’s ruling of the Supreme Court of Rhode Island at this link.

Posted at 1:58 PM by Howard Bashman

“What Was the Strategy Behind the Supreme Court Leak?” Columnist Ross Douthat has this essay online at The New York Times.

Posted at 1:48 PM by Howard Bashman

“Alito makes masterful argument to ‘overturn’ Roe v. Wade”: Edward Whelan has this essay online at The New York Post.

Posted at 1:44 PM by Howard Bashman

“Leak Heightens the Perception of a Politicized Supreme Court”: Shawn Hubler and Michael Wines of The New York Times have this report.

Posted at 1:30 PM by Howard Bashman

“For Conservative Legal Movement, a Long-Sought Triumph Appears at Hand”: Charlie Savage has this article in today’s edition of The New York Times.

Posted at 1:27 PM by Howard Bashman

“SCOTUS Abortion Draft Opinion Leak Is ‘Troubling and Perplexing,’ 3rd Circuit Judge Says; The judge said an assault on the judiciary’s place in democracy has intensified because of the leak”: Avalon Zoppo of The National Law Journal has this report.

Posted at 11:03 AM by Howard Bashman

Can a criminal defendant “waive any right in a plea agreement — including the right to not be imprisoned for a constitutionally non-cognizable crime—so long as the waiver is knowing and voluntary”? The majority on a divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit answered that question in the affirmative in a decision issued yesterday.

Posted at 10:30 AM by Howard Bashman

“Deeply Rooted in Mystery and Suspicion: A Further Thought on Alito’s Effort to Distinguish Other Unenumerated Rights.” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 9:50 AM by Howard Bashman