How Appealing



Wednesday, August 31, 2022

“Wanted: A Constitutional Ethos; We need theories that can speak intelligently of the common good without abandoning our constitutional order.” James Stoner has this post at the “Law & Liberty” blog.

Posted at 9:14 PM by Howard Bashman



“The Supreme Court’s Breadcrumb Trail; The Court’s reshuffling of rights and of once-settled doctrine suggests a future of far-reaching constitutional change”: At the “Law & Liberty” blog, Seana Sugrue has a post that begins, “It feels like 1938 again. That was the last time the Supreme Court embarked on a path of far-reaching constitutional change.”

Posted at 8:52 PM by Howard Bashman



“A judge’s affair with Tom Girardi, a beachfront condo and a $300,000 wire from his firm”: In today’s edition of The Los Angeles Times, Harriet Ryan and Matt Hamilton have a front page article that begins, “Tricia Bigelow, then a presiding justice of a state appeals court in downtown Los Angeles, wanted a weekend place at the beach.”

Posted at 8:47 PM by Howard Bashman



Tuesday, August 30, 2022

“ACLU, Planned Parenthood sue Indiana over new abortion restrictions”: Shari Rudavsky of The Indianapolis Star has this report.

Posted at 9:12 PM by Howard Bashman



“Orrick gets no reprieve from 9th Circuit in arbitration fight with Jones Day”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 7:45 PM by Howard Bashman



“Court won’t hear appeal in Oberlin College $25M judgment”: The Associated Press has a report that begins, “The Ohio Supreme Court on Tuesday said it would not take up an appeal of a $25 million judgment against Oberlin College in a business’ lawsuit claiming it was libeled by the school after a shoplifting incident involving three Black students.”

Today’s order of the Supreme Court of Ohio indicates that three of that court’s seven justices dissented from the denial of review, suggesting that perhaps it would take a majority vote to obtain discretionary review from Ohio’s highest court in this case.

Update: In other coverage, Jeremy Pelzer of The Cleveland Plain Dealer reports that “Ohio Supreme Court rejects Oberlin College’s appeal of $36 million defamation verdict.”

Posted at 4:02 PM by Howard Bashman



“‘Stay Wrong’: When State Supreme Courts Fought Back; More than a century ago, the legal left sought to blunt the power of conservative federal judges; They did so in state courts.” Austin Field has this post at “Balls and Strikes.”

Posted at 1:28 PM by Howard Bashman



“San Jose Unified discriminated against Christian group that doesn’t let LGBTQ students serve as leaders, court rules”: Bob Egelko of The San Francisco Chronicle has this report.

Kevin Rector of The Los Angeles Times reports that “Court says San Jose school district must recognize Christian club that excludes LGBTQ kids.”

Nate Raymond of Reuters reports that “Calif. school district can’t bar Christian club opposed to gay marriage, court rules.”

And Mark Walsh of Education Week reports that “Court Backs Fellowship of Christian Athletes in Clash Over School LGBTQ Bias Policy.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 1:00 PM by Howard Bashman



“The hidden power behind the Supreme Court: Justices give pivotal role to novice lawyers.” USA Today has today republished this article written by Tony Mauro. The article originally appeared in the June 5, 1998 issue of that newspaper.

Posted at 12:44 PM by Howard Bashman



“NC Supreme Court asked to decide ownership of Confederate statue that stood at former Forsyth courthouse”: Wes Young has this front page article in today’s edition of The Winston-Salem Journal.

And Will Doran of The News & Observer of Raleigh, North Carolina has an article headlined “Seeking ‘reparation’ from Supreme Court, NC Confederate descendants fight statue removal.”

The Supreme Court of North Carolina has posted the video of yesterday’s oral argument on YouTube at this link.

Posted at 10:58 AM by Howard Bashman



“Bankruptcy as MDL escape hatch? Not so fast, judge tells 3M in ‘surprise’ decision.” Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 10:48 AM by Howard Bashman



“Hawaii has issued 1 gun carry permit since high court ruling”: Jennifer Sinco Kelleher of The Associated Press has this report.

Posted at 10:45 AM by Howard Bashman



Monday, August 29, 2022

“Biden administration urges Supreme Court not to take citizenship case; Advocates disagree, saying case from American Samoa would give justices a chance to overturn precedents with racist and imperialist rhetoric”: Robert Barnes of The Washington Post has this report.

You can access the federal government’s brief in opposition at this link.

Posted at 7:28 PM by Howard Bashman



“5th Circuit questions claim that SEC put Nasdaq on a ‘woke mission’ for board diversity”: Jody Godoy of Reuters has this report.

And Andrew Ramonas of Bloomberg Law reports that “Nasdaq Diversity Rule Challenge Puts Conservatives on Defense.”

If you crank your audio all the way up to eleven, you might be able to barely hear the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit via this link.

Update: In other news coverage, Alexander Osipovich of The Wall Street Journal reports that “Nasdaq Board-Diversity Rule Takes Center Stage in Court Battle; Two conservative groups argue exchange’s diversity targets for listed companies amount to illegal racial and gender quota.”

Posted at 5:30 PM by Howard Bashman



Sunday, August 28, 2022

“Supreme Court ratings plummet after abortion decision; After the Supreme Court overturned Roe v. Wade, more people say they view the high court negatively, NBC News polling shows”: Dante Chinni of NBC News has this report.

Posted at 8:33 PM by Howard Bashman



“Justice Alito’s Crusade Against a Secular America Isn’t Over: He’s had win after win — including overturning Roe v. Wade — yet seems more and more aggrieved; What drives his anger?” Margaret Talbot will have this Profiles article in the September 5, 2022 issue of The New Yorker.

Posted at 8:25 PM by Howard Bashman



“The Philosopher Kings of North Carolina; Four state Justices invent a way to undo constitutional changes”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:08 PM by Howard Bashman



“Justice Abbi Silver resigns from Nevada Supreme Court, capping off a 33-year legal career”: Rio Lacanlale of The Reno Gazette Journal has this report.

Posted at 8:40 AM by Howard Bashman



“We Can Be Framers Too: The Constitution doesn’t have to be something we merely inherit; it could be something we can change ourselves — starting with rewriting the too-stringent rules for making such changes.” Law professor Jedediah Britton-Purdy has this essay online at The Atlantic.

Posted at 8:34 AM by Howard Bashman



Saturday, August 27, 2022

“Clash Over Texas Abortion Law Tests State’s Post-Roe Legal Reach”: Holly Barker of Bloomberg Law has a report that begins, “A lawsuit to stop Texas from using its abortion laws to ban support for residents seeking the procedure elsewhere spotlights one of the biggest unsettled legal questions around abortion access.”

Posted at 10:16 PM by Howard Bashman



“Georgia Abortion Restrictions Spark New Debate Over Claims to Fetal Personhood; Recently implemented state measure presents practical, political and legal tests”: Laura Kusisto and Cameron McWhirter of The Wall Street Journal have this report.

Posted at 8:53 PM by Howard Bashman



“Safe Haven ‘Baby Boxes’ Are a Medieval Horror Show: The right touts them as proof that the need for abortion rights is passé; But they’re rooted in an old Catholic practice that scarred and stigmatized women for centuries.” Maria Laurino has this essay online at The New Republic.

Posted at 10:14 AM by Howard Bashman



“Why Freedom of Speech Is the Next Abortion Fight: A legal battle in Mississippi will test whether states can criminalize those who merely provide information.” Yascha Mounk has this essay online at The Atlantic.

Posted at 10:10 AM by Howard Bashman



“With a Single Word, Ted Cruz Gave the Game Away About the Right-Wing Supreme Court; The Texas senator’s recent complaint about the Inflation Reduction Act accidentally told the truth about the court’s war against the administrative state”: Jason Linkins has this essay online at The New Republic.

Posted at 10:08 AM by Howard Bashman



“Battle lines redrawn over ‘extreme’ new abortion trigger laws”: Farrah Tomazin of The Age of Melbourne, Australia has this report from Tennessee.

Posted at 10:05 AM by Howard Bashman