How Appealing



Friday, May 20, 2022

“Rabner exhorts governor, legislature to address Supreme Court vacancies; In State of the Judiciary address, chief justice says four-member court should be avoided”: Joey Fox of the New Jersey Globe has this report.

Posted at 9:35 PM by Howard Bashman



“Conservatives fume over tech industry’s ‘shadow docket’ play; The tech platforms’ conservative foes were caught flat-footed by the companies’ rush to the Supreme Court seeking emergency relief from Texas’ social media law”: Brendan Bordelon of Politico has a report that begins, “Progressives outraged over the use of the Supreme Court’s emergency ‘shadow docket’ to resolve legal fights over issues like abortion and immigration got some company this week from an unexpected group — conservative skeptics of the tech industry.”

Posted at 9:33 PM by Howard Bashman



“Clarence Thomas Is Throwing the Supreme Court’s History Out the Window; The conservative legal icon has a lot of disagreements with the Supreme Court’s decisions and is showing no hesitation in pushing to erase long-standing precedents”: Matt Ford has this essay online at The New Republic.

Posted at 9:28 PM by Howard Bashman



“The Supreme Court Needs an Ethics Code; Without the formal adoption of ethical standards, the Court may begin to seem more like a political body than a guardian of the rule of law”: Law professor Bob Bauer has this essay online at The Atlantic.

Posted at 8:54 PM by Howard Bashman



“The Roe v. Wade ‘Aberration’ and America’s Civic Crisis; Judge Douglas Ginsburg was Reagan’s second choice after Robert Bork’s nomination failed; He says criticism of Justice Alito’s draft opinion reflects constitutional ignorance”: Tunku Varadarajan will have this op-ed in Saturday’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



“Primed to overrule Roe, Supreme Court leaves public opinion behind; The justices have made decisions out of sync with the majority of Americans before but never to take away rights instead of expanding them”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 8:42 PM by Howard Bashman



“No Joan Biskupic, Justice Thomas Did Not Take A ‘Surprising, Public Jab’ At Chief Justice Roberts; Justice Thomas waxed nostalgically about the Rehnquist Court; He did not blame Roberts for the change”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:05 PM by Howard Bashman



“The 5th Circuit’s Ambush Against the SEC Is Unprecedented and Shocking; Two conservative judges are threatening to turn the executive branch into an instrument of the president’s personal power”: Law professor Blake Emerson has this jurisprudence essay online at Slate.

And online at Vox, Ian Millhiser has an essay titled “A wild new court decision would blow up much of the government’s ability to operate; The US Court of Appeals for the Fifth Circuit’s decision in Jarkesy v. SEC would dismantle much of the system the federal government uses to enforce longstanding laws.”

Posted at 12:28 PM by Howard Bashman



“Ginni Thomas, wife of Supreme Court justice, pressed Ariz. lawmakers to help reverse Trump’s loss, emails show”: Emma Brown of The Washington Post has this report.

Posted at 12:23 PM by Howard Bashman



“Arizona gets a win in court challenge to Biden COVID funds tax restriction”: Casey Harper of The Center Square has this report.

At “The Volokh Conspiracy,” Jonathan H. Adler has a post titled “Ninth Circuit Concludes Arizona Has Standing to Challenge Conditions on COVID Relief Funds; Language in the American Rescue Plan Act prohibits states from using the funds ‘directly or indirectly’ to offset lost revenues from tax cuts.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 10:04 AM by Howard Bashman



“Markel Trial Day 4: A chilling statement, a crime scene drive-by, and a possible framing attempt.” Peter Schorsch of Florida Politics has this report.

Posted at 9:40 AM by Howard Bashman



“Dan Markel murder: Katherine Magbanua retrial (Day 3 — May 20).” The Tallahassee Democrat is live-streaming today’s trial proceedings on YouTube via this link.

Posted at 9:33 AM by Howard Bashman



“Court to investigate leaked survey alleging misconduct among judges; Disclosure of the confidential survey has amplified criticism of the judiciary among some in Congress, where pending legislation would extend to the judiciary’s 30,000 employees the same antidiscrimination rights afforded to other government employees”: Ann E. Marimow of The Washington Post has this report.

Posted at 8:14 AM by Howard Bashman



“I, Too, Have a Human Form; In Justice Alito’s draft opinion, the pregnant body is erased”: Irin Carmon has this post at the “Intelligencer” blog of New York magazine.

Posted at 8:12 AM by Howard Bashman



“Dems debate limited options as Roe decision looms; The party could talk contraception, abortion pills, privacy concerns, codifying Roe and more; They have plenty of options, but no clear path forward”: Marianne LeVine of Politico has this report.

Posted at 8:10 AM by Howard Bashman



“Clarence Thomas calls out John Roberts as Supreme Court edges closer to overturning Roe v. Wade”: Joan Biskupic of CNN has this report.

Posted at 8:08 AM by Howard Bashman