How Appealing



Tuesday, October 4, 2022

“Supreme Court Leans Toward Alabama in Voting Rights Dispute; But several members of the court’s conservative majority rejected the state’s most aggressive arguments in defense of its congressional voting map”: Adam Liptak of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court’s liberals mount defense of Voting Rights Act, but outcome of challenge is unclear.”

John Fritze of USA Today reports that “Supreme Court delves into Alabama brawl over race, redistricting and Voting Rights Act; Alabama’s position drew a sustained attack from the court’s liberal wing, especially Associate Justices Elena Kagan and Ketanji Brown Jackson.”

Alex Swoyer of The Washington Times reports that “Alabama takes beating from liberal wing of Supreme Court over election map.”

Zach Montellaro and Josh Gerstein of Politico report that “High court seems chilly to ‘race neutral’ reading of Voting Rights Act; Lower federal courts agreed and ordered a redraw of the maps ahead of the November elections; But the nation’s highest court stayed that order and agreed to hear Tuesday’s arguments.”

And Paul Blumenthal of HuffPost reports that “Supreme Court Justices Question Alabama’s Argument To Gut The Voting Rights Act; In Merrill v. Milligan, Alabama asked the court to overturn 40 years of precedent; But both liberal and conservative justices questioned the state’s argument.”

The U.S. Supreme Court has posted online the transcript and the audio of today’s oral argument in Merrill v. Milligan, No. 21-1086.

Posted at 3:54 PM by Howard Bashman



“Citing Concern for Free Speech, 12 Federal Judges Say They Won’t Take Clerks from Yale Law School”: Aaron Sibarium of The Washington Free Beacon has an article that begins, “A dozen federal judges say they are no longer hiring clerks from Yale Law School, citing a slew of scandals that they say have undermined free speech and intellectual diversity. In addition to Fifth Circuit judge James Ho, who announced on Thursday that he would no longer hire law clerks from the nation’s top-ranked law school, 12 federal judges — both circuit and district court jurists — told the Washington Free Beacon they are joining the boycott.”

The article does not identify any of the 12 judges by name.

Posted at 3:18 PM by Howard Bashman



“The Supreme Court Seems Awfully Nervous About Its Own Legitimacy”: Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 1:35 PM by Howard Bashman



“There Is Absolutely Nothing to Support the ‘Independent State Legislature’ Theory; Such a doctrine would be antithetical to the Framers’ intent, and to the text, fundamental design, and architecture of the Constitution”: Former Fourth Circuit Judge J. Michael Luttig has this essay online at The Atlantic.

Posted at 1:32 PM by Howard Bashman



“David Beckwith, who scooped Supreme Court on Roe v. Wade, dies at 79; After working as a journalist at Time magazine and the Legal Times, he became a spokesman and adviser for Republican politicians including Dan Quayle”: Harrison Smith of The Washington Post has written this obituary.

Posted at 11:38 AM by Howard Bashman



“U.S. Supreme Court grants review in crucial attorney-client privilege case”: Alison Frankel’s “On the Case” from Reuters has this post.

Posted at 11:34 AM by Howard Bashman



“In Memoriam: Judge Laurence H. Silberman (1935-2022); Colleagues and clerks, including Justice Amy Coney Barrett, shared remembrances with me.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:52 AM by Howard Bashman



“Area Man Is Arrested for Parody. The Onion Files a Supreme Court Brief. ‘Americans can be put in jail for poking fun at the government?’ the satirical website asked in a friend-of-the-court brief filed Monday. ‘This was a surprise to America’s Finest News Source.'” Eduardo Medina of The New York Times has this report.

Rachel Pannett of The Washington Post reports that “The Onion files Supreme Court amicus brief defending the right to parody.”

John Fritze of USA Today has an article headlined “‘Tu stultus es.’ The Onion wades into Supreme Court case with legal argument crafted as parody. ‘Americans can be put in jail for poking fun at the government? This was a surprise to America’s Finest News Source,’ The Onion told the nation’s highest court in its brief.”

Adam Ferrise of The Cleveland Plain Dealer reports that “The Onion, mixing jokes with legal arguments, files brief in U.S. Supreme Court backing Parma man who sued after arrest for fake Facebook page.”

Matthew Cantor of The Guardian (UK) reports that “The Onion defends right to parody in very real supreme court brief supporting local satirist; Long-running satirical publication files legal document relating to case of man who was arrested for making fun of police.”

Mark Sherman of The Associated Press has a report headlined “The Onion and the Supreme Court. Not a parody.”

Zoe Tillman of Bloomberg News reports that “The Onion Filed a Brief With the Supreme Court. It’s Not a Joke. Filed amicus brief in support of Ohio man with Facebook page. Billed as most ‘influential organization in human history.’

And Jared Gans of The Hill reports that “The Onion files amicus brief in support of Ohio man’s Facebook page.”

My earlier coverage of the amicus brief can be accessed here.

Posted at 10:50 AM by Howard Bashman