How Appealing



Monday, December 12, 2022

“A Supreme Court Case That Threatens the Mechanisms of Democracy: At stake in Moore v. Harper is the question of how elections should be run — and who should resolve the inevitable disputes when they arise.” Andrew Marantz has this Comment in the Talk of the Town section of the December 19, 2022 issue of The New Yorker.

Posted at 8:28 AM by Howard Bashman



Sunday, December 11, 2022

“A question to conservative Christians on gay marriage: Why draw the line here?” Columnist E.J. Dionne Jr. has this essay online at The Washington Post.

Posted at 9:40 PM by Howard Bashman



“There is a path to save the Supreme Court from itself”: Columnist Jennifer Rubin has this essay online at The Washington Post.

Posted at 8:58 PM by Howard Bashman



“Doctors and Lawyers Debate Meaning of Death as Families Challenge Practices; Changing the determination of brain death potentially affects organ donation”: Amy Dockser Marcus of The Wall Street Journal has this report.

Posted at 8:48 PM by Howard Bashman



“Judge says chief justice’s ‘cute phrase’ on racism not helpful in Va. case; Loudoun County parents are suing over ‘student equity ambassadors,’ saying the initiative discriminates against White conservatives and chills free speech”: Rachel Weiner of The Washington Post has this report.

Posted at 8:46 PM by Howard Bashman



“The New Landscape of the Abortion Fight; After the midterm elections, abortion rights advocates hope to harness public support for the long term, while abortion foes look to advance new laws in sympathetic courts and legislatures”: Kate Zernike has this front page article in today’s edition of The New York Times.

Posted at 9:30 AM by Howard Bashman



Saturday, December 10, 2022

“Illinois Supreme Court makes history with female majority on bench”: Jerry Nowicki of Capitol News Illinois has this report.

Posted at 9:20 PM by Howard Bashman



Friday, December 9, 2022

“Box around Christopher Columbus statue in South Philadelphia must be removed, Commonwealth Court rules; It’s the latest development in the lengthy battle over the statue, which became a flash point and was covered with plywood amid racial justice protests in June 2020”: Jesse Bunch of The Philadelphia Inquirer has this report on a ruling that a divided three-judge panel of the Commonwealth Court of Pennsylvania issued today.

Posted at 5:48 PM by Howard Bashman



“Raniere, Bronfman lose federal appeals in NXIVM case; Raniere, the cult leader and convicted sex trafficker, will continue to serve 120-year sentence; Bronfman will serve nearly 7-year sentence”: Robert Gavin of The Times Union of Albany, New York has this report.

And Ben Feuerherd of The New York Post reports that “Appeals court upholds sentences for NXIVM sex cult leaders Keith Raniere, Clare Bronfman.”

You can access today’s ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 3:54 PM by Howard Bashman



“Texas Doctor Who Violated Abortion Law Wins Dismissal of Suit; Suit was filed under law allowing private policing of statute; San Antonio doctor wrote op-ed detailing his violation of law”: Madlin Mekelburg of Bloomberg News has this report.

And Eleanor Klibanoff of The Texas Tribune reports that “Texas state court throws out lawsuit against doctor who violated abortion law; The court’s ruling does not overturn the 2021 law, which banned abortions after about six weeks of pregnancy; It also does not impact the near-total ban on abortion that went into effect after the U.S. Supreme Court overturned Roe v. Wade.”

Posted at 11:33 AM by Howard Bashman



“The Respect for Marriage Act Is Also a Victory for Same-Sex-Marriage Opponents; It favors the rights of religious groups over those of gay couples — and, if Obergefell were to be overruled, it would create two classes of marriage”: Law professor Jeannie Suk Gersen has this Daily Comment online at The New Yorker.

Posted at 11:28 AM by Howard Bashman



“Progressives Need to Support Justice Ketanji Brown Jackson”: At the “Balkinization” blog, Lawrence B. Solum has a guest post that begins, “A third wave of progressive originalism is now well underway.”

Posted at 11:22 AM by Howard Bashman



Thursday, December 8, 2022

“State Battles on Abortion Access Are Ahead in the New Year; Uncertain political backdrop, ongoing litigation loom over states whose abortion laws remain in flux”: Laura Kusisto of The Wall Street Journal has this report.

Posted at 8:42 PM by Howard Bashman



“Ex-Antiabortion Activist Tells House Panel of Effort to Sway Supreme Court; Operation urging conservative justices to overturn Roe v. Wade is recounted”: Jess Bravin of The Wall Street Journal has this report.

Alex Swoyer of The Washington Times has an article headlined “At hearing, Jim Jordan ensnares Democrats’ witness who accused Justice Alito of leaking 2014 ruling.”

Ronn Blitzer of Fox News reports that “SCOTUS whistleblower admits incident in his book ‘possibly’ did not happen, then Jordan proves it didn’t; After intense questioning, Jordan provided a transcript and audio recording that contradicted Schenck’s story.”

Josh Gerstein of Politico reports that “House hearing airs ethics allegations against Supreme Court; Democrats showcased a former evangelical leader who led efforts to ‘wine and dine’ justices.”

And on this evening’s broadcast of NPR’s “All Things Considered,” Sarah McCammon had an audio segment titled “Former evangelical activist says he ‘pushed the boundaries’ in Supreme Court dealings.”

Posted at 8:39 PM by Howard Bashman



“Special Master’s Review in Trump Case Ends as Appeal Court’s Ruling Takes Effect; A federal judge in Florida had shocked experts by intervening after the F.B.I. seized sensitive files from the former president’s residence and club”: Charlie Savage and Alan Feuer of The New York Times have this report.

Posted at 8:30 PM by Howard Bashman



“Judicial security measure included in U.S. House-passed defense policy bill”: Nate Raymond of Reuters has a report that begins, “Tucked into the 4,000-plus page annual defense policy bill that cleared the U.S. House of Representatives on Thursday is a long-stalled bill to bolster federal judges’ security and privacy by shielding their personal information online.”

And Madison Alder and Isaiah Poritz of Bloomberg Law report that “Tweaked Judge Security Measure Passed in House Defense Bill.”

Posted at 4:40 PM by Howard Bashman



“New York can continue to enforce state gun control law, appeals court rules”: Ben Feuerherd of The New York Post has a report that begins, “New York can continue to enforce a state law that bans guns from ‘sensitive’ places pending its appeal of a ruling that struck down aspects of the measure, a federal appeals court panel said Wednesday.”

Posted at 4:37 PM by Howard Bashman



“Advocate tells lawmakers of ‘stealth’ efforts to influence Supreme Court; The Rev. Robert Schenck, a former antiabortion activist, testified as Democrats and transparency advocates seek ethics overhaul”: Ann E. Marimow and  Emma Brown of The Washington Post have this report.

And Gram Slattery and Nate Raymond of Reuters have a report headlined “Pastor to Congress: 2014 Supreme Court leak pushed limits of Christian ethics.”

Update: In other coverage, Marcia Coyle of The National Law Journal reports that “GOP Judiciary Committee Members Skewered Leader of Influence Scheme Targeting Conservative Justices; Republicans called the former leader of Faith in Action a ‘pathetic grifter’ and a ‘documented liar’ over claims he made that Justice Samuel Alito leaked the court’s Hobby Lobby decision in 2014.”

Posted at 4:12 PM by Howard Bashman



Garçon, bring me the definitions of “and”: On Tuesday, a divided en banc U.S. Court of Appeals for the Eleventh Circuit issued its ruling in United States v. Garcon.

In coverage of the ruling, Orlando Montoya of Georgia Public Broadcasting reports that “Drug sentencing ruling hinges on definition of simple, common word.”

Bill Rankin of The Atlanta Journal-Constitution reports that “‘And’ means ‘and,’ Atlanta federal appeals court rules.”

At his “Sentencing Law and Policy” blog, Douglas A. Berman has a post titled “En banc Eleventh Circuit now gives broad reading to FIRST-STEP-amended mandatory-minimum safety valve provision.”

And at “The SDFLA Blog,” John R. Byrne has a post titled “‘And’ Means ‘And’ (Or does it mean or?).”

Posted at 3:44 PM by Howard Bashman



Wednesday, December 7, 2022

“Supreme Court Faces Increasing Scrutiny From Congress After Leaks; The House Judiciary Committee is set to hear from a whistle-blower who says he was tipped off about a religious freedom ruling”: Carl Hulse of The New York Times has this report.

At 10 a.m. eastern time tomorrow, the U.S. House Judiciary Committee will hold a hearing titled “Undue Influence: Operation Higher Court and Politicking at SCOTUS.” The hearing will be live-streamed on YouTube.

Posted at 10:24 PM by Howard Bashman



“My column was misconstrued in a Supreme Court brief”: Columnist Robin Givhan has this essay online at The Washington Post.

Posted at 10:20 PM by Howard Bashman



“What Difference Would It Make If the Supreme Court in the Moore v. Harper Case Embraced the Bush v. Gore Concurrence Rather Than a Full-Throated Independent State Legislature Theory?” Rick Hasen has this post at his “Election Law Blog.”

Posted at 10:15 PM by Howard Bashman



“Trump told crowd to ‘fight like hell’ before riot. Can he be sued?” Rachel Weiner of The Washington Post has this report.

Jacqueline Thomsen of Reuters reports that “Trump asks U.S. appeals court to block civil Jan. 6 lawsuits.”

And Devan Cole of CNN reports that “Federal appeals court considers Trump’s plea to grant him immunity from Capitol riot lawsuits.”

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 at this link.

Posted at 10:02 PM by Howard Bashman



“Supreme Court Seems Split Over Case That Could Transform Federal Elections; The justices are considering whether to adopt the ‘independent state legislature’ theory, which could give state lawmakers nearly unchecked power over federal elections”: Adam Liptak of The New York Times has this report.

Robert Barnes and Ann E. Marimow of The Washington Post report that “Supreme Court majority questions massive shift of election authority.”

David G. Savage of The Los Angeles Times reports that “Supreme Court hints at a narrow win for GOP in major election law dispute.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Weighs Blocking State Courts From Reviewing Congressional District Maps; North Carolina legislators say the Constitution gives them authority over U.S. House electoral maps, leaving state courts powerless.”

John Fritze of USA Today has a report headlined “‘Big consequences’: Supreme Court grapples with case some warn could upend federal elections.”

And Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court justices skeptical of unchecked state power over federal elections.”

The U.S. Supreme Court has posted online the transcript and audio of today’s oral argument in Moore v. Harper, No. 21-1271.

Posted at 9:28 PM by Howard Bashman



“Welcome to the Supreme Court’s hypothetical Christmas mall village!” Columnist Alexandra Petri has this essay online at The Washington Post.

Posted at 9:15 PM by Howard Bashman



“By appointing more than half the state’s judges, Baker has reshaped the judiciary from the top down”: Matt Stout of The Boston Globe has this report.

Posted at 8:44 PM by Howard Bashman



“Can SCOTUS Prevent Free Speech from Swallowing Anti-discrimination Law?” Law professor Michael C. Dorf has this essay online at Justia’s Verdict.

Posted at 4:32 PM by Howard Bashman