How Appealing



Sunday, July 16, 2023

“As Justices Snipe, Supreme Court’s Image Suffers; Several opinions and dissents this term were memorable for their sharp and strangely personal disagreements”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:33 PM by Howard Bashman



“Supreme Court affirmative action ruling exempts military academies. But for how long?” Alia Wong and John Fritze of USA Today have this report.

Posted at 10:30 PM by Howard Bashman



“Alabama Scrambles to Redraw Its Voting Map After a Supreme Court Surprise; State lawmakers have until Friday to come up with new congressional districts that do not illegally dilute the power of Black voters”: Emily Cochrane and Michael Wines of The New York Times have this report.

Posted at 9:48 PM by Howard Bashman



“Judicial Notice (07.15.23): Call of Duty; New SCOTUS ethics controversies, an arrest of an accused serial killer, Biglaw’s emerging four-day workweek, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:44 PM by Howard Bashman



“The Supreme Court Control Act: New ethics proposals from Senate Democrats are a scheme to destroy the Court’s independence.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 9:40 PM by Howard Bashman



Saturday, July 15, 2023

“Contrived cases make bad law, part 2; Why 303 Creative’s reasoning was so dissatisfying”: Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 7:42 PM by Howard Bashman



Friday, July 14, 2023

“Supreme Court to Start Slow Next Term After Monumental Finale; Justices to hear six cases to kick off 2023 term; High court’s caseload trending downward”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 9:56 PM by Howard Bashman



“Text and ‘Context'”: Adrian Vermeule has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 9:40 PM by Howard Bashman



“How Clarence Thomas Came to Reject Affirmative Action; The Supreme Court justice has long been among the most ardent critics of the policy”: Abbie VanSickle was the guest on today’s episode of “The Daily” podcast from The New York Times.

Posted at 9:22 PM by Howard Bashman



“Social Media Restrictions on Biden Officials Are Paused in Appeal; A Fifth Circuit panel temporarily lifted a judge’s order that had blocked the administration from contacting platforms about most of their content”: David McCabe and Steve Lohr of The New York Times have this report.

Posted at 9:19 PM by Howard Bashman



“As public digests Supreme Court ruling, LGBTQ protections draw fire; Just two weeks after the high court limited public accommodation laws, ripple effects are already being felt across the nation”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 9:15 PM by Howard Bashman



“Trump Seeks Court Order to Quash Investigation in Georgia; Lawyers for the former president asked the state’s highest court to throw out the work of a special grand jury that investigated 2020 election interference and recommended indictments”: Danny Hakim of The New York Times has this report on a court filing submitted yesterday.

Posted at 9:12 PM by Howard Bashman



“Biden Criticizes Supreme Court Rulings, but Not the Court; President Biden has resisted a full-throated attack on the Supreme Court or the individual justices, despite mounting pressure from activists and from within the Democratic Party”: Michael D. Shear has this article in today’s edition of The New York Times.

Posted at 8:58 PM by Howard Bashman



“Fight over natural gas pipeline lands at Supreme Court; Tensions are ignited over which branch of government has the power to decide the project’s fate”: Kelsey Reichmann of Courthouse News Service has this report.

You can view the pipeline company’s emergency application filed today in the U.S. Supreme Court at this link.

Posted at 8:48 PM by Howard Bashman



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



Wednesday, July 12, 2023

“How the ripple effect of the Supreme Court’s 303 Creative decision could swamp civil rights”: Columnist Robin Abcarian has this essay online at The Los Angeles Times.

Posted at 9:56 PM by Howard Bashman



“The need for Supreme Court ethics reforms transcends party lines; These latest revelations underscore that efforts to bring transparency and accountability to the court should be bipartisan; Actually, they should be nonpartisan”: Columnist Kimberly Atkins Stohr has this essay online at The Boston Globe.

Posted at 9:53 PM by Howard Bashman



“Democrats ask Supreme Court Historical Society for information on donors, access to justices”: Sarah Fortinsky of The Hill has this report.

Posted at 9:47 PM by Howard Bashman



“Senators Ask Billionaire Paul Singer and Power Broker Leonard Leo for Full Accounting of Gifts to Supreme Court Justices”: Justin Elliott, Joshua Kaplan, and Alex Mierjeski of ProPublica have this report.

Posted at 9:44 PM by Howard Bashman



“How a Second Amendment case at the Supreme Court is putting gun rights groups in a jam”: John Fritze of USA Today has this report.

Posted at 9:33 PM by Howard Bashman



“A Conservative Legal Crusader: An Interview With ADF’s Kristen Waggoner; The leader of the Alliance Defending Freedom addresses ADF’s controversial legal work, her win in 303 Creative, and free speech in law schools.” David Lat has posted online this new episode of his “Original Jurisdiction” podcast.

Posted at 4:40 PM by Howard Bashman