How Appealing



Tuesday, May 10, 2022

“Sam Alito Is Pushing a Dangerous Myth About Abortion and Eugenics; When history does not comport with the conservative legal movement’s extremist policy goals, conservatives are liable to just make some history up”: Adam Cohen has this post at Balls and Strikes.

Posted at 9:48 PM by Howard Bashman



“With Roe on the rocks, the Roberts court exists in name only; The chief justice who has long urged associates to call balls and strikes is increasingly losing sway in an era of justices wanting to pitch and bat”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 9:45 PM by Howard Bashman



“We Should Tell The Truth About Judicial Clerkships; While law schools are currently part of the problem, they can be part of the solution”: Aliza Shatzman has this post at “Above the Law.”

Posted at 9:42 PM by Howard Bashman



“The Horrifying Implications of Alito’s Most Alarming Footnote; A ‘domestic supply of infants’ is exactly what the framers of the Fourteenth Amendment intended to abolish”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:32 PM by Howard Bashman



“Protesting at justices’ homes is illegal. What is Biden doing about it?” Columnist Marc A. Thiessen has this essay online at The Washington Post.

Posted at 4:09 PM by Howard Bashman



“Legal Reasoning Can’t Settle Abortion-Rights Fight; Roe v. Wade has serious analytical weaknesses; So does Justice Samuel Alito’s attack on it; No constitutional theory is sturdy enough to persuade both sides”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 3:58 PM by Howard Bashman



“If Roe is overturned, it might mark the first time the Supreme Court declared an individual right, then took it back”: Bob Egelko has this front page article in today’s edition of The San Francisco Chronicle.

Posted at 3:40 PM by Howard Bashman



“Security tightened for Supreme Court justices as protests extend to Alito’s home; GOP Sen. Mitch McConnell compared the demonstrations to ‘the rule of mobs'”: Libby Cathey of ABC News has this report.

Posted at 2:33 PM by Howard Bashman



“Abortion and the Free Exercise Clause: What if a doctor feels a religious obligation to perform abortions, (e.g., because he believes doing so is necessary for him to be the Good Samaritan, by removing a threat to his patient’s mental health)?” Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 10:44 AM by Howard Bashman



“Don’t be surprised when Supreme Court comes for interracial marriage”: Columnist Michelle Deal-Zimmerman has this essay online at The Baltimore Sun.

Posted at 10:38 AM by Howard Bashman



“Brett Kavanaugh is not in danger — unlike the abortion precedent he’s ready to overturn; A vigil outside Kavanaugh’s house led to predictable pearl-clutching; But a country in which the powerful can seize rights without even nonviolent protest is not a democracy”: Noah Berlatsky has this essay online at NBC News.

Posted at 10:36 AM by Howard Bashman



“Texas asks Fifth Circuit to reinstate social media law; A panel of federal appeals judges heard arguments in a case challenging a Texas law that regulates the ability of social media sites to remove content or users”: Sabrina Canfield of Courthouse News Service has this report.

And Paul DeBenedetto of Houston Public Media reports that “Texas argues Facebook and Twitter are a ‘modern-day public square’ in defense of censorship law; Lawyers for the social media companies say the law, HB 20, is an infringement on their First Amendment rights.”

You can access via this link the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit.

Posted at 10:14 AM by Howard Bashman



“With high court in spotlight, Democrats push judicial ethics overhaul; A draft proposal calls for more disclosure, a Supreme Court code of conduct and a new judicial recusal process”: Jacqueline Alemany of The Washington Post has this report.

Posted at 10:03 AM by Howard Bashman



“US bankruptcy law governs Indian tribes, 1st Circuit rules; The decision could carry liability for a Chippewa tribe accused of hounding a debtor into trying to kill himself”: Thomas F. Harrison of Courthouse News Service has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the First Circuit issued Friday, addressing an issue that was already the subject of a circuit split.

At the “Turtle Talk” blog, Matthew L.M. Fletcher has posted the briefs filed in the appeal.

Posted at 9:42 AM by Howard Bashman



“Was Politico’s Supreme Court Leaker an Inside Man? Four reasons why the media speculation may be overlooking a more mysterious culprit; Plus, what the legal fallout could mean for Julian Assange and James O’Keefe.” Eriq Gardner has this essay (subscription required for full access) online at Puck.

Posted at 9:34 AM by Howard Bashman