How Appealing



Wednesday, September 28, 2022

“Appeals court debates whether Equal Rights Amendment is really dead”: Rachel Weiner of The Washington Post has this report.

Stephen Dinan of The Washington Times reports that “Equal Rights Amendment faces tough questions from appeals court.”

Chris Marr of Bloomberg Law reports that “D.C. Court Questions Ability to Advance Equal Rights Amendment.”

And Avalon Zoppo of The National Law Journal reports that “Constitutional Debate Over Equal Rights Amendment Lands at DC Circuit; An amendment is valid under the constitution after three-fourths of the states ratify it, and Virginia claimed to be the 38th to do so two years ago.”

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link.

Posted at 8:44 PM by Howard Bashman



“Supreme Court to Reopen to the Public When Justices Return; The courthouse has been closed to most visitors since the beginning of the coronavirus pandemic, and in the meantime the court has been transformed”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court will allow public at arguments, continue live audio; The court’s oral arguments have either been via teleconference or in front of a limited audience since March 2020.”

And Alex Swoyer of The Washington Times reports that “Supreme Court welcomes back public for oral arguments for first time since pandemic.”

Posted at 8:32 PM by Howard Bashman



“‘Giant Backfire’: Trump’s Demand for Special Master Is Looking Like a Mistake; The former president failed to derail the criminal investigation into his hoarding of sensitive documents and is stuck paying for a costly process that threatens to undermine his public claims.” Charlie Savage of The New York Times has this news analysis.

Posted at 8:15 PM by Howard Bashman



“Kagan v. Roberts: Justices Spar Over Supreme Court’s Legitimacy; Liberal justice suggests recent decisions sap public confidence; Roberts and Alito say institution’s status stands above opinions.” Jess Bravin of The Wall Street Journal has this report.

Posted at 7:52 PM by Howard Bashman



“Ginni Thomas and the Supreme Court’s crisis of legitimacy”: Columnist Jenna Greene has this essay online at Reuters.

Posted at 4:50 PM by Howard Bashman



“Dahlia Lithwick on ‘Lady Justice’ and Supreme Court’s legitimacy”: You can access the audio of today’s broadcast of WHYY’s “Radio Times” with Marty Moss-Coane, featuring Dahlia Lithwick as the guest, via this link.

Posted at 2:48 PM by Howard Bashman



“Bump Stocks, Trump Ally Highlight Court’s ‘Long Conference'”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 12:44 PM by Howard Bashman



“The ACLU and the NSA may soon square off in the Supreme Court — over Wikipedia; The NSA and the scope of the State Secrets Protection Act may be in front of the Supreme Court next term”: Benjamin Powers of Grid has this report.

Posted at 8:52 AM by Howard Bashman



“W&M Law School brings experts together for 35th annual Supreme Court Preview; This year’s preview featured prominent academics, four federal court of appeals judges, leading Supreme Court advocates and Supreme Court reporters from the nation’s top newspapers”: David Morrill of W&M Law School has this report.

Posted at 8:50 AM by Howard Bashman



“Supreme Court justices finally get together behind closed doors with a long to-do list”: Ariane de Vogue of CNN has this report.

Posted at 8:44 AM by Howard Bashman



Tuesday, September 27, 2022

“Trump Might Escape Writer’s Defamation Suit Because He Was President; E. Jean Carroll’s case may fail thanks to broad protections granted to federal officials and employees; She still plans to file a separate suit accusing the ex-president of rape”: Rebecca Davis O’Brien and Benjamin Weiser of The New York Times have this report.

And Rachel Weiner of The Washington Post reports that “D.C. court asked to decide if Trump denied rape claim as part of job; The decision will affect whether columnist E. Jean Carroll can pursue a defamation suit against the former president.”

My earlier coverage of today’s Second Circuit ruling can be accessed here.

Posted at 8:57 PM by Howard Bashman



“Supreme Court’s new term packed with voting rights, racial discrimination, religious liberty battles”: Alex Swoyer of The Washington Times has this report.

Posted at 8:45 PM by Howard Bashman



“Is Racial Gerrymandering Illegal Anymore? U.S. Supreme Court to Decide Soon. The justices’ position on centuries of racism against Black people continues to be, more or less, ‘Hey isn’t that over?'” Yvette Borja has this post at Balls and Strikes.

Posted at 8:30 PM by Howard Bashman



“U.S. justice Alito says he is mindful of ‘real world’ impact of Supreme Court”: Jacqueline Thomsen of Reuters has this report.

Posted at 8:16 PM by Howard Bashman



“Ohio judge extends order blocking six-week abortion ban through Oct. 12”: Jessie Balmert of The Cincinnati Enquirer has this report.

Posted at 4:40 PM by Howard Bashman



“En banc Ninth Circuit guts California ban on for-profit detention facilities; The 11-judge en banc panel affirmed a three-judge panel’s ruling, which said the state’s ban on private detention facilities would force the feds to dramatically change its business of handling immigrants”: Hillel Aron of Courthouse News Service has this report.

Kevin Rector of The Los Angeles Times reports that “Federal court says California ban on private ICE detention facilities is unconstitutional.”

Bob Egelko of The San Francisco Chronicle reports that “Court strikes down California law banning private immigration detention centers.”

Daniel Wiessner of Reuters reports that “GEO Group wins legal challenge to California ban on private immigrant prisons.”

And Bernie Pazanowski of Bloomberg Law reports that “California Ban on Private Prisons in State Held Unconstitutional.”

You can access yesterday’s 8-to-3 ruling of an 11-judge en banc panel of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 2:34 PM by Howard Bashman



“Federal appeals court punts on writer’s suit against Trump over rape denial; 2nd Circuit asks a D.C. court to weigh in on E. Jean Carroll’s libel case stemming from alleged rape”: Josh Gerstein of Politico has this report.

Larry Neumeister of The Associated Press reports that “Trump bid to dodge suit from rape accuser heads to DC court.”

Jonathan Stempel of Reuters reports that “Donald Trump wins ruling in rape accuser Carroll’s defamation lawsuit.”

Erik Larson of Bloomberg News reports that “Trump May Avoid Defamation Suit by Rape Accuser; Appeals court rules Trump qualified as government employee; Panel sends final deciding question to highest local DC court.”

Katelyn Polantz and Tierney Sneed of CNN have a report headlined “In boost to Trump, appeals court opens door to DOJ shielding him in defamation lawsuit.”

And John Kruzel of The Hill reports that “Court hands partial win to Trump in rape accuser’s defamation suit.”

You can access today’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link. Senior Circuit Judge Guido Calabresi wrote both the majority opinion and a concurring opinion.

Posted at 2:24 PM by Howard Bashman



“How to Rein in the Supreme Court’s Radical Conservatives: Right-wing judicial hegemony presents a daunting challenge for liberal leaders — but not an insurmountable one.” Simon Lazarus has this essay online at The New Republic.

Posted at 2:06 PM by Howard Bashman



“The Fight Over Online Speech Headed to the Supreme Court; How laws in Texas and Florida take aim at social media companies and how they moderate content”: Mark Joseph Stern was the guest on Friday’s episode of Slate’s “What Next:TBD” podcast. You can access the audio here and a transcript of the podcast here.

Posted at 10:31 AM by Howard Bashman



“Politics have no place on the bench, party-nominated Michigan Supreme Court candidates say”: Alyssa Burr of MLive has this report.

Posted at 10:28 AM by Howard Bashman



“Idaho Supreme Court pushes abortion lawsuit hearing back one week; Planned Parenthood case will determine if state’s three abortion laws remain intact”: Kelcie Moseley-Morris of the Idaho Capital Sun has this report.

Posted at 10:25 AM by Howard Bashman



“It Is Time for the Supreme Court to Act: A Four Step Proposal to Strengthen the Court’s Legitimacy.” Barry Winograd has this essay online at Justia’s Verdict.

Posted at 10:20 AM by Howard Bashman



“Term limits — a way to tackle the Supreme Court’s crisis of legitimacy”: Norman Eisen and Sasha Matsuki have this post at the “FixGov” blog of the Brookings Institution.

Posted at 10:18 AM by Howard Bashman



“Social Media Transparency Rules, Zauderer Standard Head to Supreme Court”: Corbin Barthold has this post at the “Lawfare” blog.

Posted at 10:16 AM by Howard Bashman



“The Supreme Court case that’s likely to handcuff the Clean Water Act; Sackett v. EPA may prove to be the most significant attack on America’s clean water laws since the 1970s”: Ian Millhiser has this essay online at Vox.

Posted at 10:14 AM by Howard Bashman



Monday, September 26, 2022

“Leaker of draft opinion still unknown as Supreme Court readies for new term”: Alex Swoyer of The Washington Times has this report.

Posted at 10:00 PM by Howard Bashman



“The Supreme Court’s Public Legitimacy Crisis Has Arrived; Americans’ antipathy toward the high court is deepening — and for the first time, a slim majority favors expansion”: Matt Ford has this essay online at The New Republic.

Posted at 8:56 PM by Howard Bashman