How Appealing

Wednesday, May 11, 2022

“The Movement That Put Alito on the Court Isn’t Finished”: Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 9:57 PM by Howard Bashman

“To fix the Supreme Court, randomly choose new justices for every case; Special interests are gaming the high court to ensure outcomes they like; So let’s stop having the same set of judges decide everything”: Brendan Schneiderman has this essay online at The Boston Globe.

Posted at 9:25 PM by Howard Bashman

“A Leaky Supreme Court Starts to Resemble the Other Branches; The disclosure of a draft opinion that would overrule Roe v. Wade, legal experts said, was evidence that the court is not much different from other Washington institutions”: Adam Liptak of The New York Times has this “Supreme Court Memo.”

Posted at 9:18 PM by Howard Bashman

“Why the Justice Department Is Unlikely to Investigate the Supreme Court Leak; The internal inquiry led by the court’s marshal has limited tools, but there are challenges to opening a criminal investigation”: Charlie Savage of The New York Times has this report.

Posted at 9:16 PM by Howard Bashman

“The Supreme Court clerk who leaked a ruling to Wall Street traders”: James D. Robenalt has this report at the “Retropolis” page of The Washington Post.

Posted at 8:58 PM by Howard Bashman

“Supreme-Court Sources Can’t Stop Leaking About the Abortion Case”: Margaret Hartmann has this post at the “Intelligencer” blog of New York magazine.

Posted at 8:56 PM by Howard Bashman

“Downstate Republican judge Lisa Holder White will become first Black woman on Illinois Supreme Court”: Clare Spaulding of The Chicago Tribune has this report.

Andrew Adams of The State Journal-Register of Springfield, Illinois reports that “Lisa Holder White set to become first Black woman on Illinois Supreme Court.”

And Peter Hancock of Capitol News Illinois reports that “Trailblazing downstate Republican justice named first Black woman to serve on Illinois Supreme Court; Appellate Justice Lisa Holder White will succeed Illinois Supreme Court Justice Rita Garman; Because Garman’s official retirement will come after the primary on June 28, the court has the constitutional authority to appoint her successor.”

Yesterday, the Supreme Court of Illinois issued this news release.

Posted at 8:52 PM by Howard Bashman

“Ninth Circuit overturns California ban on selling semiautomatic rifles to people under 21”: Bob Egelko of The San Francisco Chronicle has this report.

Andrew Sheeler of The Sacramento Bee reports that “California violated the Second Amendment with semiautomatic rifle age restriction, court finds.”

Glenn Thrush of The New York Times reports that “California Can’t Keep Semiautomatic Guns From Young Adults, Court Rules; A panel from the U.S. Court of Appeals for the Ninth Circuit rejected a judge’s argument that those under 21 were historically ‘believed unfit’ for ‘responsible firearm possession and use.’

Jacob Gershman of The Wall Street Journal reports that “Appeals Court Rules Against California Age Limits for Semiautomatic Rifles; Divided court panel says limits on adults under 21 years of age conflict with Constitution.”

Brian Melley of The Associated Press has a report headlined “Court: California’s under-21 gun sales ban unconstitutional.”

And Julia Vargas Jones of CNN reports that “Court strikes down California ban on semiautomatic gun sales to those under 21.”

My earlier coverage of today’s Ninth Circuit divided three-judge panel’s ruling can be accessed here.

Posted at 8:40 PM by Howard Bashman

“Man whose conviction was one of first overturned on tribal jurisdiction grounds receives life in federal prison”: Jacob Factor of The Tulsa World has this report.

Posted at 8:30 PM by Howard Bashman

“Justices to meet for 1st time since leak of draft Roe ruling”: Mark Sherman and Jessica Gresko of The Associated Press have this report.

Posted at 8:28 PM by Howard Bashman

“Texas law inspired by Trump bans to take effect against Facebook, Twitter and YouTube”: Jessica Guynn of USA Today has this report.

Brendan Pierson of Reuters reports that “Court revives Texas social media law against banning users for views.”

Erik Larson of Bloomberg News reports that “Texas Law Against Facebook, Twitter Moderation Clears Hurdle.”

And Andrew Zhang of The Texas Tribune reports that “Texas law prohibiting social media companies from banning users over their viewpoints reinstated by appeals court; The court did not evaluate the law on its constitutionality but will allow it to go back into effect while a legal case plays out; Texas lawmakers passed the law, saying social media platforms have an anti-conservative bias.”

You can access today’s order of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:18 PM by Howard Bashman

“Public Prayer Doesn’t Belong in Public Schools; True religious freedom requires vigilant separation of church and state”: David Saperstein and Teresa Jefferson-Snorton have this essay online at The Wall Street Journal.

Posted at 7:46 PM by Howard Bashman

“Abortion Puts the Supreme Court Behind an 8-Foot Fence; How did America become a country always on the brink of political or personal violence?” Columnist Daniel Henninger will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 7:42 PM by Howard Bashman

“The Last Abortion Clinic in Knoxville Draws Patients From Hours Away. What Happens If It Disappears? Tennessee is one of 13 states with ‘trigger’ laws that would fully outlaw abortion if Roe v. Wade is overturned.” Becca Andrews has this article online at The New Republic.

Posted at 5:44 PM by Howard Bashman

“The New Jane Crow: Justice Alito’s draft opinion signals a willingness to subject women and girls to second-class citizenship.” Law professor Michele Goodwin has this essay online at The Atlantic.

Posted at 5:40 PM by Howard Bashman

“What Samuel Alito Gets Wrong About English Common Law: A tour through the justice’s draft decision overturning Roe suggests he either doesn’t know — or doesn’t care — about centuries of progress.” Matt Ford of The New Republic has this report.

Posted at 4:44 PM by Howard Bashman

“The Supreme Court: Unreachable, inaccessible and frightening.” Robin Givhan has this essay online at The Washington Post.

Posted at 4:38 PM by Howard Bashman

“Ketanji Brown Jackson to Speak at GDS Graduation”: Ethan Wolin of The Augur Bit, the student newspaper of Georgetown Day School, has this report.

Posted at 4:35 PM by Howard Bashman

“Is marriage equality next if Roe falls? What the lawyers behind key LGBTQ Supreme Court victories say; Mary Bonauto of Obergefell v. Hodges, Roberta Kaplan of United States v. Windsor and Paul Smith of Lawrence v. Texas all told Grid that Alito’s draft opinion is a warning sign.” Chris Geidner of Grid has this report.

Posted at 4:33 PM by Howard Bashman

“That time Alito overturned a long-standing precedent and — crickets”: Columnist Charles Lane has this essay online at The Washington Post.

Posted at 4:32 PM by Howard Bashman

“Ninth Circuit Strikes Down Restriction on Gun Purchase by 18-to-20-Year-Olds”: Eugene Volokh has this post at “The Volokh Conspiracy” about a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued today.

In a notable oversight, the author of this majority opinion did not append a handy-dandy sample opinion for the en banc Ninth Circuit to use in reversing his decision.

Posted at 2:34 PM by Howard Bashman

“More SCOTUS Leaks To Politico: Alito’s Majority Still Holds Five, And No Other Draft Opinions Have Been Circulated Yet; These leaks from a ‘conservative’ look designed to quell controversy.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 2:29 PM by Howard Bashman

“Andy Warhol Foundation v. Goldsmith: The Supreme Court Revisits Transformative Fair Uses.” Pamela Samuelson has this post at the “Kluwer Copyright Blog.”

Posted at 1:48 PM by Howard Bashman

“It’s Good to Make Powerful People Feel Uncomfortable; A handful of pro-choice protests outside the homes of Supreme Court justices has the Civility Brigade out in full force”: Jay Willis has this post at Balls and Strikes.

Posted at 1:44 PM by Howard Bashman

“When abortion wasn’t a legal issue: Historian Jane Kamensky says it largely arose as evidence of ‘prior sin’ in closely circumscribed lives of colonial women.” Manisha Aggarwal-Schifellite of The Harvard Gazette has this Q&A with professor Jane Kamensky.

Posted at 10:40 AM by Howard Bashman

“Judge whose son was killed speaks out about new bill to protect judges; Judge Esther Salas’ son was killed after a lawyer targeted their home”: Danielle Genet and Alexandria Goodson of the ABC News program “Good Morning America” have this report.

Posted at 10:36 AM by Howard Bashman

“Seventh Circuit lets Wisconsin school off the hook for guard’s ‘full-frontal’ hugs; The en banc appeals court found that school officials took adequate measures to curb inappropriate touching in the year before a security guard was accused of sexually assaulting a student”: Andy Monserud of Courthouse News Service has this report on an en banc ruling that the U.S. Court of Appeals for the Seventh Circuit issued yesterday.

According to yesterday’s decision, the case was reargued en banc on February 5, 2019 — meaning that it took a little over three years for the en banc court to rule on the case.

Posted at 9:48 AM by Howard Bashman