How Appealing

Thursday, July 13, 2023

“What Senate Deference On Lower-Court Nominations Meant; . . . and how far the Senate has moved away from that practice”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:35 PM by Howard Bashman

“303 Creative: What happens when an arguably narrow SCOTUS decision meets 2023; Part II: While some legal scholars have spent the past two weeks explaining how narrow the First Amendment decision is, people who want to discriminate are . . . discriminating.” Chris Geidner has this post at his “Law Dork” Substack site.

Posted at 9:26 PM by Howard Bashman

“Texas judge who doesn’t want to perform gay marriage ceremonies hopes web designer’s Supreme Court case helps her fight; McLennan County Justice of the Peace Dianne Hensley filed a lawsuit after a state agency warned her about refusing to marry gay couples; She hopes a recent U.S. Supreme Court case about religious freedom helps her cause”: Rebecca Schneid of The Texas Tribune has this report.

Posted at 9:18 PM by Howard Bashman

“Democrats Try a Novel Tactic to Revive the Equal Rights Amendment; Proponents of the measure to enshrine a guarantee of sex equality into the Constitution are using a creative legal theory to try to resurrect the long-stalled amendment”: Annie Karni of The New York Times has this report.

Posted at 5:05 PM by Howard Bashman

“Scholars and Scribes Review the Rulings: The Supreme Court’s 2022-23 Term.” The Heritage Foundation has posted this video on YouTube.

Posted at 4:44 PM by Howard Bashman

“Kavanaugh: No warring camps at Supreme Court; The Trump-appointed justice insisted that the court is not divided along partisan lines, despite a flurry of major polarized decisions.” Josh Gerstein of Politico has this report.

Posted at 4:40 PM by Howard Bashman

“Mountain Valley Pipeline Halted as Legal Wrangling Heats Up; A federal court in Richmond has held up construction, despite a law passed by Congress last month that says it no longer has jurisdiction over the pipeline”: Coral Davenport has this article in today’s edition of The New York Times.

Posted at 4:38 PM by Howard Bashman

“Google’s AI Health Predictions Project Beats Privacy Challenge”: Andrea Vittorio of Bloomberg Law has this report (subscription required for full access) on a ruling that the U.S. Court of Appeals for the Seventh Circuit issued on Tuesday.

The decision has received some attention on Twitter because the Seventh Circuit holds that, “[a]s we read Thole, TransUnion, and Spokeo, a breach of contract alone — without any actual harm — is purely an injury in law, not an injury in fact. And it therefore falls short of the Article III requirements for a suit in federal court.”

Posted at 10:28 AM by Howard Bashman

“Thoughts on the Petitioner’s Brief in Great Lakes“: John F. Coyle has this post at the “Transnational Litigation Blog.”

Posted at 10:20 AM by Howard Bashman