How Appealing



Monday, November 7, 2022

“Race Question in Supreme Court Adoption Case Unnerves Tribes; The issue is whether a federal law that seeks to place Native American foster children in Native American homes is constitutional; The case could turn on whether the justices see tribes as racial groups or sovereign nations”: Jan Hoffman has this front page article in today’s edition of The New York Times.

Karin Brulliard of The Washington Post has an article headlined “In Arizona, small tribe watches warily as Supreme Court takes up Native adoption law.”

Online at The Guardian (UK), Cecilia Nowell has an article headlined “For decades, welfare laws kept Native American families together. Will the supreme court end them? The Indian Child Welfare Act was passed to redress years of mass separations of Native families. This month, the court hears a case that could overturn it.”

And Felicia Fonseca and Mark Sherman of The Associated Press report that “Native child welfare law faces major Supreme Court challenge.”

Posted at 10:52 PM by Howard Bashman



“Hawaii Struggles To Revise Gun Laws After Supreme Court Decision; Honolulu is the only county in the state that hasn’t yet finalized new concealed-carry gun rules, leading to a backlog in permit applications”: James Gonser of Honolulu Civil Beat has this report. So if Paul D. Clement claims to be heading to Hawaii for a purpose other than a vacation, there’s reason to believe him.

Posted at 10:44 PM by Howard Bashman



“Supreme Court refuses to consider requiring 12-person juries; The court declined to take up an Arizona fraud case that could have eliminated the use of six- or eight-person juries in felony cases in the six states where they’re allowed”: Lawrence Hurley of NBC News has this report.

And Nate Raymond of Reuters reports that “U.S. Supreme Court’s Gorsuch says justices should require 12-person juries.”

You can access at this link the dissent from the denial of certiorari that Justice Neil M. Gorsuch issued today.

Posted at 10:32 PM by Howard Bashman



“Ketanji Brown Jackson issues her first written opinion as a Supreme Court justice — a dissent”: Ariane de Vogue of CNN has this report. You can access the dissent from the denial of certiorari at this link.

Posted at 10:26 PM by Howard Bashman



“Supreme Court Case on State Legislatures Could Open Litigation Floodgates; The justices will hear arguments next month on a legal theory that could transform federal elections — and, experts said, lead to countless lawsuits”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 6:24 PM by Howard Bashman



“Have ‘Show-Off’ Appellate Court Opinions Jumped the Shark?” This month’s installment of my “Upon Further Review” column will appear in tomorrow’s print edition of The Legal Intelligencer, Philadelphia’s daily newspaper for lawyers.

Thanks to Third Circuit Judge Stephanos Bibas for his recent Harvard Law remarks on this subject — and Nate Raymond of Reuters for his coverage thereof — which together provided me with the inspiration to write this.

Posted at 5:48 PM by Howard Bashman