How Appealing



Tuesday, August 9, 2022

“State supreme courts could soon decide on abortion, raising stakes of their midterm races”: James Bikales and Praveena Somasundaram of The Washington Post have this report.

Posted at 4:58 PM by Howard Bashman



“Biden to nominate SC Judge DeAndrea Gist Benjamin to 4th Circuit Court of Appeals”: John Monk of The State of Columbia, South Carolina has this report.

Seanna Adcox of The Post and Courier of Columbia, South Carolina reports that “President Biden to nominate SC Judge DeAndrea Benjamin to 4th US Circuit Court of Appeals.”

And Daniel Desrochers of The Kansas City Star reports that “President Biden nominates Rep. Emanuel Cleaver’s son-in-law to federal circuit court.”

The White House today issued a news release titled “President Biden Names Twenty-Fifth Round of Judicial Nominees.”

Posted at 3:57 PM by Howard Bashman



“Abortion bans complicate access to drugs for cancer, arthritis, even ulcers; Some chronically ill women face questions about critical medications that could be used to end a pregnancy”: Katie Shepherd and Frances Stead Sellers of The Washington Post have this report.

Posted at 12:52 PM by Howard Bashman



“Trump tax returns must be given to Congress, federal appeals court says in new ruling”: Dan Mangan of CNBC has this report on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Update: In other coverage, Elizabeth Wasserman and Laura Davison of Bloomberg News report that “Trump Must Turn Over Tax Returns to House Panel, Court Rules.”

And Harper Neidig of The Hill reports that “Appeals court rules IRS must provide Trump’s tax returns to House committee.”

Posted at 12:38 PM by Howard Bashman



“Minimalism and Formalism in Dobbs; The limitations of John Roberts’s minimalist approach”: Eric R. Claeys has this post at the “Law & Liberty” blog.

Posted at 10:45 AM by Howard Bashman



“Biden deserves kudos for diverse judges. But White men still dominate.” Columnist Jennifer Rubin has this essay online at The Washington Post.

Posted at 10:42 AM by Howard Bashman



Jurisdiction-stripping the Fourth Circuit as payback for its rulings on the Mountain Valley Pipeline project? Last Friday, Rachel Weiner of The Washington Post reported that “Controversial federal court changes debated in Manchin negotiations.”

Earlier, Niina H. Farah of EnergyWire reported that “Manchin permitting deal could handcuff courts.”

Ken Ward Jr. and Alexa Beyer of Mountain State Spotlight (via ProPublica) had a report headlined “Joe Manchin’s Price for Supporting the Climate Change Bill: A Natural Gas Pipeline in His Home State; To accommodate the West Virginia senator, Democratic leadership agreed to legislation streamlining permits for the often-stalled Mountain Valley Pipeline and removing jurisdiction from a court that keeps ruling against the project.”

And Daniel Moore of Bloomberg News reported that “Mountain Valley Pipeline Shield in Manchin Deal Raises Hackles.”

Posted at 10:26 AM by Howard Bashman



“Justice Clarence Thomas’ America: Straight, Color-Blind, Religious, and Heavily Armed.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 10:06 AM by Howard Bashman



“Biden pick for New York federal judgeship in limbo; In a July 14 letter to President Joe Biden obtained by Law Beat, 85-year-old U.S. District Judge David N. Hurd was firm that his successor must preside over cases in Utica, the Mohawk Valley city located some 95 miles west of Albany”: Robert Gavin of The Times-Union of Albany, New York has this report, along with a follow-up article headlined “Gillibrand’s office says Biden pick ‘committed’ to holding court in Utica; Clifton Park-based attorney nominated by President Joe Biden for a federal judgeship is ‘committed’ to presiding over the bench in Utica.”

Posted at 10:00 AM by Howard Bashman



“Retired Supreme Court Justice Stephen Breyer, who dissented in abortion ruling, accepts award in Chicago: ‘Overall, I’m still an optimist.'” Adriana Pérez of The Chicago Tribune has this report.

Ariane de Vogue of CNN reports that “Breyer, in first appearance since Roe v. Wade was overturned, says ‘I’m still an optimist.’

And Amanda Robert of ABA Journal reports that “Lawyers ‘have to stand up and say something,’ Breyer tells ABA assembly.”

Posted at 9:42 AM by Howard Bashman



Monday, August 8, 2022

“Lehigh Valley man at center of Supreme Court free speech case is convicted of cyberstalking prosecutor, ex-wife and former girlfriend”: Daniel Patrick Sheehan of The Morning Call of Allentown, Pennsylvania has this report.

Posted at 10:03 PM by Howard Bashman



“What happens when the Supreme Court is this unpopular? Historically, the Court has tended to align with popular sentiment. But what happens when US elections do not produce democratic results?” Ian Millhiser has this essay online at Vox.

Posted at 8:54 PM by Howard Bashman



“The Kansas Abortion Vote Is Why Republicans Need the Supreme Court; Anti-choice lawmakers in Kansas learned the hard way that their policy agenda is far less popular than they imagine”: Rhiannon Hamam has this post at Balls and Strikes.

Posted at 1:42 PM by Howard Bashman



“There’s a Lot of Harvard and Yale on the Supreme Court. And That’s OK. Both Republican and Democratic presidents have their reasons for choosing nominees from such a small pool.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:38 PM by Howard Bashman



“My family was torn apart before the Indian Child Welfare Act passed. Will SCOTUS upend it?” Terria Smith has this essay online at The Desert Sun of Palm Springs, California.

Posted at 1:02 PM by Howard Bashman



“State Legislatures Are Torching Democracy; Even in moderate places like Ohio, gerrymandering has let unchecked Republicans pass extremist laws that could never make it through Congress”: Jane Mayer has this article in the August 15, 2022 issue of The New Yorker.

Posted at 11:54 AM by Howard Bashman



“Maps in Four States Were Ruled Illegal Gerrymanders. They’re Being Used Anyway. A Supreme Court shift, frowning on changes close to elections, gives House Republicans a big advantage in November.” Michael Wines of The New York Times has this report.

Posted at 11:52 AM by Howard Bashman



Saturday, August 6, 2022

“Abortion law in Indiana leads to fallout for state, politics; The state, national leaders and activists on both sides are gearing up for long slog over abortion laws”: Amber Phillips and Tom Hamburger of The Washington Post have this report.

And in Sunday’s edition of The New York Times, Lora Kelley will have an article headlined “Major Indiana Employers Criticize State’s New Abortion Law; The drug company Eli Lilly said it ‘will be forced’ to look outside the state for employment growth; The engine maker Cummins said the law will ‘impede our ability to attract and retain top talent.’

Posted at 10:34 PM by Howard Bashman



“How the Claremont Institute Became a Nerve Center of the American Right; They made the intellectual case for Trump; Now they believe the country is in a cultural civil war”: Elisabeth Zerofsky will have this article in tomorrow’s edition of The New York Times Magazine.

Posted at 10:20 PM by Howard Bashman



“Hey, Joe, Don’t Give It a Go”: In Sunday’s edition of The New York Times, columnist Maureen Dowd will have an op-ed that begins, “Ruth Bader Ginsburg is a cautionary tale.”

Posted at 10:15 PM by Howard Bashman



“Drop Box for Babies: Conservatives Promote a Way to Give Up Newborns Anonymously; After Roe, groups are seeking to expand safe haven laws, which allow women to surrender babies with minimal interference; But these laws pose their own problems.” Dana Goldstein will have this article in Sunday’s edition of The New York Times.

Posted at 9:54 PM by Howard Bashman



“Push to ban abortions in San Clemente faces headwinds even in conservative O.C.” Hannah Fry and Itzel Luna have this article in today’s edition of The Los Angeles Times.

Posted at 1:22 PM by Howard Bashman



“My nonreligious children shouldn’t worry Justice Alito”: Paul Thornton has this op-ed in today’s edition of The Los Angeles Times.

Posted at 1:20 PM by Howard Bashman



“Indiana adopts near-total abortion ban as governor signs SB 1 into law”: Arika Herron of The Indianapolis Star has this report.

In today’s edition of The New York Times, Mitch Smith and Julie Bosman have an article headlined “Indiana Governor Signs First Post-Roe Abortion Ban, With Limited Exceptions; The law passed despite dividing Republicans; Some of them said the measure was too restrictive; others objected to limited exceptions for rape and incest.”

And Amy Cheng of The Washington Post reports that “Indiana passes near-total abortion ban, the first state to do so post-Roe.”

Posted at 1:10 PM by Howard Bashman



“Scalia’s Legacy Lives on in Supreme Court’s Abortion, Gun Cases; His originalism now deeply ingrained as court transforms law; Abortion ruling cited norms from 1868, before women could vote”: Greg Stohr of Bloomberg News has this report.

Posted at 12:57 PM by Howard Bashman



Friday, August 5, 2022

“Getting Originalism Wrong; The great success of originalism is that it offers an external constraint on judges that is more objective than any contemporary vision of justice”: GianCarlo Canaparo and Thomas Jipping have this post at the “Law & Liberty” blog.

Posted at 8:22 PM by Howard Bashman



“An Unearthed Cache of Letters From a SCOTUS Secretary Reveals How Unliked Some Justices Were; In letters recently uncovered, a former secretary for SCOTUS justices in the 1930’s wrote about life at the court and her least favorite justices”: Tony Mauro of The National Law Journal has this post at his “The Marble Palace Blog.”

Posted at 3:55 PM by Howard Bashman



“Dahlia Lithwick on the Supreme Court’s Legitimacy Crisis”: You can access the new episode of “The Gallup Podcast” with Mohamed Younis via this link.

Posted at 1:15 PM by Howard Bashman



“The fine print: Why implementing a Supreme Court ruling can sometimes take longer than you think; Usually the arcane process that unfolds after a Supreme Court opinion is handed down doesn’t matter to most Americans; Occasionally it has real world impacts.” John Fritze of USA Today has this report.

Posted at 1:08 PM by Howard Bashman