How Appealing

Monday, May 16, 2022

“Supreme Court Rules for Ted Cruz in Campaign Finance Case; The Texas senator challenged a federal law that put a $250,000 cap on repayments of candidates’ loans to their campaigns using postelection contributions”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court agrees with Cruz, strikes campaign contribution limit.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rules for Ted Cruz, strikes down limit on post-election gifts to winners.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Sides With Sen. Ted Cruz, Striking Down Campaign-Finance Regulation; Conservative 6-3 majority finds that limit on repaying campaign loans weeks after Election Day infringes on free speech.”

John Fritze of USA Today reports that “Supreme Court sides with Sen. Ted Cruz in fight over federal campaign loan repayment limits.”

And Alex Swoyer of The Washington Times report that “Supreme Court sides with Sen. Ted Cruz in FEC case.”

Posted at 9:20 PM by Howard Bashman

“Supreme Court splits in deportation case, says judiciary has limited role; Justice Amy Coney Barrett wrote for most of the court’s conservatives, but Justice Neil Gorsuch joined the liberals in dissent”: Robert Barnes of The Washington Post has this report.

Stephen Dinan of The Washington Times reports that “Supreme Court limits the ability of illegal immigrants to appeal deportation decisions.”

Ariane de Vogue of CNN reports that “Supreme Court limits review of factual disputes in immigration cases.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Supreme Court Sides with US in Immigration Dispute Over Review.”

Posted at 8:48 PM by Howard Bashman

“Alito says overturning Roe gives women a voice on abortion. In the South, it’s not that simple. If Roe v. Wade falls, states will determine abortion access. Civil rights advocates say places with the tightest restrictions are also some of the toughest places to vote.” Bracey Harris of NBC News has this report.

Posted at 8:16 PM by Howard Bashman

“For Justice Thomas, the Roberts court is more feud than family”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:14 PM by Howard Bashman

In Dobbs v. Jackson Women’s Health Org., ERA-NC Alliance seeks leave to file amicus brief addressing the leaked U.S. Supreme Court draft opinion: You can access online both the organization’s letter motion for an extension of time and the organization’s motion for leave to file amicus brief.

I’m just a bit surprised that two weeks have gone by since the leak and no one else has sought to file anything about it in the Dobbs case itself. Perhaps they’re content to communicate with the Court via the “How Appealing” blog.

Posted at 7:35 PM by Howard Bashman

“Samuel Alito’s ‘Amelia Bedelia’ Reading of the Constitution; What the Supreme Court Justice’s leaked draft opinion on abortion reveals about originalism”: Fabio Bertoni recently had this Daily Comment online at The New Yorker.

Posted at 7:25 PM by Howard Bashman

“States pursue extreme restrictions in crafting post-Roe abortion law”: Amy B Wang and Caroline Kitchener of The Washington Post have this report.

Posted at 5:44 PM by Howard Bashman

“The Post-Roe Battleground for Abortion Pills Will Be Your Mailbox; If regulation of abortion access falls to the states, it will unleash legal havoc over pregnancy-ending medications that are shipped across state lines”: Maryn McKenna of Wired has this report.

Aria Bendix of NBC News reports that “Getting abortion pills by mail is already more complicated than it might seem; Most states have at least one restriction on medication abortion beyond FDA rules; Overturning Roe v. Wade would further limit access.”

Christina Cauterucci of Slate has a report headlined “There’s Already a Revolution in Abortions Happening — and the Supreme Court Can’t Touch It.”

Laurel Wamsley of NPR as a report headlined “How medication abortion works and what the end of Roe v. Wade could mean for it.”

Amy Littlefield of The Nation has a report headlined “The Fight for Abortion After Roe Falls; It will be a battle with 50 different fronts.”

The Boston Globe has published an editorial titled “Make abortion pills available over the counter: In a post-Roe world, American women will need easier access to ‘medication abortion.’

And online at Bloomberg Opinion, Lisa Jarvis has an essay titled “If States Can Ban Abortion, How About Abortion Pills? In a Q&A, law professor Greer Donley makes the case for broad access to medication abortion, no matter the fate of Roe v. Wade.”

Posted at 2:57 PM by Howard Bashman

“Dividing on Ideological Lines and Breaking Little New Ground in FEC v. Cruz, Supreme Court Strikes Down Another Part of McCain-Feingold law”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 2:28 PM by Howard Bashman

“Pro Bono Is Broken: Law firms love to tout the work they do for people who could not otherwise afford it; But pro bono work is rarely as impactful as proponents claim.” Steve Kennedy has this post at Balls and Strikes.

Posted at 2:26 PM by Howard Bashman

“Fishkin on dissent: The transcendent importance of the Thirteenth Amendment.” Sandy Levinson has this post at the “Balkinization” blog.

Posted at 2:24 PM by Howard Bashman

“‘Conspiracy to murder’: Jury selection goes behind closed doors in Katherine Magbanua retrial.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 2:22 PM by Howard Bashman

“The Supreme Court at a Crossroads”: I (along with apparently many others) somehow missed out on my opportunity to view this program, moderated by Kannon Shanmugam and hosted by the Harvard Law School Association of Washington, DC, when it originally aired live on Zoom, and I cannot find any link for on-demand viewing now.

It is therefore at least some consolation to know that YouTube provides on-demand access to a much younger Kannon Shanmugam presenting oral argument at the 1998 Ames Moot Court Competition.

Posted at 2:04 PM by Howard Bashman

“After the Failed Senate Bill on Abortion: If the Democratic response to Justice Alito’s draft opinion was largely rhetorical, was it also a missed opportunity?” Jill Lepore has this Comment in the May 23, 2022 issue of The New Yorker.

Posted at 10:48 AM by Howard Bashman

“Lawyers for Radical Change: The legal profession, once a guardian of republican government, is now a force for social upheaval.” Law professor John O. McGinnis has this article in the Spring 2022 issue of City Journal.

Posted at 10:46 AM by Howard Bashman

Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in two argued cases.

1. Justice Amy Coney Barrett delivered the opinion of the Court in Patel v. Garland, No. 20-979. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justices Stephen G. Breyer, Sonia Sotomayor, and Elena Kagan joined. You can access the oral argument via this link.

2. And Chief Justice John G. Roberts, Jr. delivered the opinion of the Court in Federal Election Comm’n v. Ted Cruz for Senate, No. 21-12. Justice Kagan issued a dissenting opinion, in which Justices Breyer and Sotomayor joined. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman

“Ketanji Brown Jackson on being a ‘first’ and why she loves ‘Survivor’; The justice-designate spoke with The Post about her career, values and historic confirmation to the high court”: Roxanne Roberts of The Washington Post has this report.

Posted at 9:52 AM by Howard Bashman

“Judges accused of sex discrimination, bullying, internal survey shows”: Ann E. Marimow of The Washington Post has an article that begins, “One federal appeals court judge in D.C. has hired only male law clerks for the past two decades. Another judge allegedly refused to speak to a staffer for weeks after a child-care emergency caused the assistant to depart work early one day. Others are said to have reduced their employees to tears by yelling or making cruel comments about the quality of their work.”

Posted at 9:50 AM by Howard Bashman