How Appealing



Thursday, July 27, 2023

“Supreme Court Clears the Way for Pipeline as Appeal Moves Forward; A congressional measure on the Mountain Valley Pipeline, championed by Senator Joe Manchin and added to legislation to raise the debt limit, was intended to thwart legal challenges to the project”: Adam Liptak and Abbie VanSickle of The New York Times have this report.

Robert Barnes and Rachel Weiner of The Washington Post report that “Supreme Court clears the way for pipeline construction favored by Manchin.”

And David Harrison of The Wall Street Journal reports that “Supreme Court Allows Work on Mountain Valley Pipeline to Resume; Opponents had sought to block completion of long-stalled project.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 8:27 PM by Howard Bashman



“How Supreme Court Justices Make Millions From Book Deals: The deals have become highly lucrative for the justices, including for those who used court staff members to help research and promote their books.” Steve Eder, Abbie VanSickle, and Elizabeth A. Harris of The New York Times have this report.

Posted at 1:15 PM by Howard Bashman



Wednesday, July 26, 2023

“How Alabama could get away with defying the Supreme Court; The Court ordered Alabama to draw a second congressional district where Black voters can elect their chosen candidate”: Ian Millhiser has this essay online at Vox.

Posted at 9:56 PM by Howard Bashman



“Israeli Supreme Court to Hear Challenge to Judicial Overhaul; Court sets September date for preliminary hearing on constitutionality of law”: Shayndi Raice of The Wall Street Journal has this report.

Posted at 8:28 PM by Howard Bashman



“How Colleges Plan to Factor In Race Without Asking About Race; Schools roll out new essay prompts and software updates for application readers, while worrying about legal exposure”: Melissa Korn of The Wall Street Journal has this report.

Posted at 7:48 PM by Howard Bashman



Tuesday, July 25, 2023

“D.C. Circuit Denies GTMO Detainee Al Bahlul’s Appeal of Life Sentence; Guantanamo Bay detainee Ali Hamza Ahmad Suliman al Bahlul will have to continue serving the life sentence given to him by the U.S. Court of Military Commission Review”: Hyemin Han has this post at the “Lawfare” blog on a ruling that the U.S. Court of Appeals for the D.C. Circuit issued today.

Posted at 9:00 PM by Howard Bashman



“A Real Wedding Website in a Fake Gay Wedding Website Case: An archive shows that the plaintiff in the Supreme Court case did once design a wedding website, contrary to what her lawyers presented during her legal challenge.” Melissa Gira Grant of The New Republic has this report.

Posted at 8:44 PM by Howard Bashman



“The 11th Circuit Court held that a plaintiff who receives an unwanted, illegal text message suffers a concrete injury because the harm reflects an intrusion into the peace and quiet in a realm that is private and personal.” So reports Jenniffer Cabrera in a post at TCPAWorld about an en banc ruling that the U.S. Court of Appeals for the Eleventh Circuit issued yesterday.

Circuit Judge Robin S. Rosenbaum wrote the opinion on behalf of a unanimous en banc court.

Posted at 8:30 PM by Howard Bashman



“The Worst Trump Judge in America is Chad Readler; Author of an Article called, ‘Make Death Penalty for Youth Available Widely’”: James LaRock has this post at Balls and Strikes.

Posted at 7:58 PM by Howard Bashman



Monday, July 24, 2023

“37. The Mountain Valley Pipeline and United States v. Klein: With the notoriously vague 1872 ruling at the heart of the current dispute over the Mountain Valley Pipeline, a look at why the ‘rule’ of Klein is so elusive — but also so important.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:15 PM by Howard Bashman



“Democrats eye Wisconsin high court’s new liberal majority to win abortion and redistricting rulings”: Scott Bauer of The Associated Press has this report.

Posted at 10:12 PM by Howard Bashman



“Clarence Thomas’s Cherry-Picked Originalism on Affirmative Action; The ahistorical dishonesty of the Supreme Court justice’s concurrence in the Harvard and UNC cases exposes the originalism fraud”: Law professor Stephen Siegel has this essay online at The New Republic.

Posted at 10:09 PM by Howard Bashman



“The Latest Smear of Clarence Thomas: His Friends Defend Him; The latest left-wing attack on the justice is that those who know him dare to rebut vicious attacks on him.” Mark Paoletta has this essay online at National Review.

Posted at 9:45 PM by Howard Bashman



“Supreme Court Justice Power Index at the End of the 2022 Term”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 9:34 PM by Howard Bashman



“How Republicans flipped America’s state supreme courts: State supreme courts were once dominated by Democrats; A concerted effort by right-wing groups has changed that — with massive implications for abortion, LGBTQ+ rights and elections.” Aaron Mendelson of the Center for Public Integrity has this report.

Posted at 8:17 PM by Howard Bashman



“Gen Z Roiled by Supreme Court Rulings on Student Loans, Abortion”: Tiana Headley and Olivia Cohen of Bloomberg Law have this report.

Posted at 8:01 PM by Howard Bashman



“Biden lawyer who defended affirmative action grapples with diversity in her own office”: Tobi Raji and Theodoric Meyer of The Washington Post have this report.

Posted at 7:56 PM by Howard Bashman



Friday, July 21, 2023

“Court ruling for web designer may not protect others opposing same-sex weddings”: Alex Swoyer of The Washington Times has this report.

Posted at 9:04 PM by Howard Bashman



“Loved ones remember former FSU professor Dan Markel nine years after his murder; Tuesday, July 18, marks nine years to the day since he was shot in his driveway in a Tallahassee neighborhood”: Savannah Kelley of CBS News affiliate WCTV in Tallahassee, Florida has this report.

Posted at 8:42 PM by Howard Bashman



“Stanford Law dean who confronted Trump judge steps down; Tirien Steinbach, who went on leave following March 9 event, is leaving to ‘pursue another opportunity’”: Jason Green and Elissa Miolene of The San Jose Mercury News have this report.

Nanette Asimov of The San Francisco Chronicle reports that “Stanford diversity dean disciplined for confronting Trump appointee quits job.”

Ronny Reyes and Carl Campanile of The New York Post report that “Stanford DEI dean who confronted Trump-appointed judge resigns, ‘recognizes impact of her statements.’

Karen Sloan of Reuters reports that “Stanford Law assistant dean embroiled in judge’s free-speech controversy steps down.”

Kendall Tietz and David Rutz of Fox News report that “Stanford Law DEI dean who went viral for scolding Trump-appointed judge resigning her position; DEI dean announces resignation months after viral video circulated of her at wild protest against Kyle Duncan.”

Aaron Sibarium of The Washington Free Beacon reports that “Stanford Law School Ousts Diversity Dean Who Egged on Protest of Federal Judge; Tirien Steinbach infamously urged Judge Kyle Duncan to consider whether ‘the juice’ is ‘worth the squeeze.’

And Jeremiah Poff of the Washington Examiner reports that “Stanford diversity dean who berated federal judge resigns.”

Posted at 8:35 PM by Howard Bashman



“How DeSantis Packed the Florida Supreme Court: With his right-wing judicial appointments, the governor of Florida has been carrying out the mission of the Federalist Society and removing barriers to his political agenda.” Duncan Hosie has this article online at The New York Review of Books.

Posted at 1:20 PM by Howard Bashman



Thursday, July 20, 2023

“Senate Judiciary moves SCOTUS ethics bill forward — toward a dim future; Republicans said the entire Democratic effort was an act of retaliation aimed at the high court’s conservative supermajority”: Katherine Tully-McManus and Josh Gerstein of Politico have this report.

Posted at 9:03 PM by Howard Bashman



“On Centralized and De-Centralized Federal Courts: Constitutional litigation should be more rare, and should involved fully developed and not assumed facts.” George Liebmann has this post at The American Conservative.

Posted at 8:52 PM by Howard Bashman



“Sonia Sotomayor’s Book Scandal Is Banal and Troubling; The Supreme Court justice’s buckraking hardly compares to that of her conservative colleagues; But it still says a lot about how much Washington has changed”: Walter Shapiro has this essay online at The New Republic.

Posted at 8:48 PM by Howard Bashman



“Christian baker sued for refusing gender-transition cake says Supreme Court ruling puts law on his side; Jack Phillips was sued again after he won at the Supreme Court, making his court battles stretch out more than a decade”: Brianna Herlihy of Fox News has this report.

Posted at 8:40 PM by Howard Bashman



“Justice Thomas’s Critics on Affirmative Action Prove His Point”: Missouri Solicitor General Josh Divine has this post at the “Bench Memos” blog of National Review.

Posted at 8:30 PM by Howard Bashman



“Supreme Court Has Worked on Code of Conduct but Gotten Nowhere; Senate Judiciary Committee approves Democratic-sponsored call for ethics code on party-line vote”: Jess Bravin of The Wall Street Journal has this report.

Posted at 5:45 PM by Howard Bashman