How Appealing



Monday, October 3, 2022

“How Florida Voters Could Fire Their Worst Supreme Court Justices In November; How the state’s highest court became packed full of justices who do what their Republican benefactors want”: Matthew Henderson had this post at Balls and Strikes.

Posted at 9:18 PM by Howard Bashman



“On New Term’s First Day, Justices Hear Case on E.P.A. Power Over Wetlands; Justice Ketanji Brown Jackson, in her first Supreme Court argument, vigorously questioned a lawyer challenging the agency’s authority”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court hears lively debate on protecting wetlands, led in part by Justice Jackson.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Considers Middle Ground on Wetland Protections; Justices raise questions on Clean Water Act, as new member Ketanji Brown Jackson takes part.”

John Fritze of USA Today reports that “Supreme Court kicks off a new term with controversial cases — and a new justice; Associate Justice Ketanji Brown Jackson took part in her first oral argument, repeatedly jumping into a fray over the EPA’s power to oversee the nation’s waters.”

Valerie Richardson of The Washington Times reports that “Supreme Court dives into clash between landowners, feds over wetlands, property rights.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Nina Totenberg had an audio segment titled “Supreme Court opens starts new term by hearing case involving Clean Water Act.”

The U.S. Supreme Court has posted online the transcript and the audio of today’s oral argument in Sackett v. EPA, No. 21-454.

Posted at 8:50 PM by Howard Bashman



“Supreme Court Takes Up Challenge to Social Media Platforms’ Shield; The family of a student killed in terrorist attacks challenged a 1996 law that gives websites immunity for suits based on their users’ posts”: Adam Liptak and David McCabe of The New York Times have this report.

Rachel Lerman of The Washington Post reports that “Fight over social media’s role in terror content goes to Supreme Court; A case involving Google and an Islamic State attack gives the high court a chance to review Section 230, the controversial law that shields websites from liability for users’ posts.”

Jan Wolfe of The Wall Street Journal reports that “Supreme Court to Weigh if YouTube, Twitter, Facebook Are Liable for Users’ Content; Cases over terrorist propaganda on social media open new challenge to internet companies’ immunity under Section 230.”

John Fritze of USA Today reports that “Supreme Court to hear challenge to law that shields internet companies from lawsuits.”

Alex Swoyer of The Washington Times reports that “Supreme Court to review tech companies’ liability under federal law.”

And Bob Egelko of The San Francisco Chronicle reports that “The Supreme Court has steered clear of immunity for tech companies — until now.”

Posted at 8:33 PM by Howard Bashman



“11th Circuit Rules On Case Seven Years Later, Hours After TPM Story”: Josh Kovensky of Talking Points Memo has this report on an 81-page per curiam decision that a unanimous three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today.

Earlier today, Kovensky had an article headlined “Justice Delayed, Justice Denied: 11th Circuit Fails To Rule On Case For Seven Years; The exclusive story of how a key appeals court left one case languishing for nearly a decade.”

Posted at 8:14 PM by Howard Bashman



“Ketanji Brown Jackson grabs the spotlight in first Supreme Court session; Unlike some rookie justices, Jackson wasn’t reticent when the court opened session on Monday”: Josh Gerstein of Politico has this report.

Posted at 8:03 PM by Howard Bashman



“The Onion tells the Supreme Court — seriously — that satire is no laughing matter”: Jessica Schneider of CNN has this report.

Posted at 7:58 PM by Howard Bashman



“How SCOTUS Distorts Democracy”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

And yesterday’s new episode of the “Divided Argument” podcast is titled “Horse Sausage.”

Posted at 1:20 PM by Howard Bashman



“The Supreme Court will begin a new term with more contentious cases on its docket”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 1:16 PM by Howard Bashman



“Justice Ketanji Brown Jackson wades into questioning on murky wetlands dispute as Supreme Court opens new term; Justice Ketanji Brown Jackson, the first Black woman to serve on the court is an active questioner in her debut oral argument; The case asks the justices to revisit the scope of the Clean Water Act”: Lawrence Hurley of NBC News has this report.

Posted at 1:14 PM by Howard Bashman



“Five months later, Supreme Court still investigating who leaked the abortion case; A new Supreme Court term is underway and the identity of the leaker is still unknown”: Brianna Herlihy of Fox News has this report.

Posted at 1:12 PM by Howard Bashman



“Justice Elena Kagan, in Dissent; What to do about the loss of trust in the Supreme Court”: Lincoln Caplan has this article online at Harvard Magazine.

Posted at 10:37 AM by Howard Bashman



“Justice Delayed, Justice Denied: 11th Circuit Fails To Rule On Case For Seven Years; The exclusive story of how a key appeals court left one case languishing for nearly a decade.” Josh Kovensky of Talking Points Memo has this report.

Posted at 9:42 AM by Howard Bashman



“Laurence Silberman, Federal Appeals Court Judge, Shaped Conservative Legal Theory; The Nixon administration veteran has died at 86”: Jess Bravin, James R. Hagerty, and Jan Wolfe of The Wall Street Journal have this report.

In commentary, The Wall Street Journal has published an editorial titled “Judge Laurence H. Silberman, 1935-2022; He was more consequential than most Supreme Court Justices.”

Online at The Wall Street Journal, Paul Clement has an essay titled “America Loses a Judicial Giant; Judge Laurence Silberman was a paragon of restraint on the bench and always a great public servant.”

And at “The Volokh Conspiracy,” Josh Blackman has a post titled “Rest In Peace Judge Silberman; We lost a legal legend.”

Posted at 8:25 AM by Howard Bashman