How Appealing



Sunday, July 9, 2023

“Where Clarence Thomas Entered an Elite Circle and Opened a Door to the Court; The exclusive Horatio Alger Association brought the justice access to wealthy members and unreported V.I.P. treatment; He, in turn, offered another kind of access”: Abbie VanSickle and Steve Eder have this front page article in today’s edition of The New York Times.

Posted at 9:48 AM by Howard Bashman



Saturday, July 8, 2023

“Split appeals court says Tennessee’s trans care ban can go into effect during appeal; ‘We may be wrong,’ Judge Jeffrey Sutton wrote for himself and Judge Amul Thapar; They are the only judges to rule that bans on gender-affirming care for minors are likely constitutional”: Chris Geidner has this post at his “Law Dork” Substack site.

Posted at 4:23 PM by Howard Bashman



“Leading Democrats Vote Against Clinton’s Strident Liberal Nominee; Judge Lee Sarokin’s stormy path to, and quick exit from, Third Circuit”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 4:16 PM by Howard Bashman



“Democrats, spare me your complaints about partisan justices”: Columnist Henry Olsen has this essay online at The Washington Post.

Posted at 12:02 PM by Howard Bashman



Divided three-judge Sixth Circuit panel grants emergency stay pending appeal of district court’s preliminary injunction blocking Tennessee law that prohibits healthcare providers from performing gender-affirming surgeries and administering hormones or puberty blockers to transgender minors: You can access today’s ruling of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 8:25 AM by Howard Bashman



“Student debt: Why Biden’s backup plan may wind up in trouble again at the Supreme Court.” John Fritze of USA Today has this report.

Posted at 8:21 AM by Howard Bashman



Friday, July 7, 2023

“No One Can Stop Talking About Justice John Marshall Harlan”: Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 10:20 PM by Howard Bashman



“1849 Wisconsin law doesn’t ban abortions, Dane County judge rules”: Alexander Shur of The Wisconsin State Journal has this report.

Molly Beck of The Milwaukee Journal Sentinel reports that “Dane County judge allows abortion lawsuit to proceed, says 1849 law does not ban abortions.”

And Todd Richmond of The Associated Press has a report headlined “Wisconsin judge: Lawsuit to repeal abortion ban can continue.”

You can access today’s ruling of the Circuit Court of Dane County, Wisconsin via this link.

Posted at 10:10 PM by Howard Bashman



“I won my fight for free speech at the Supreme Court, but it’s a victory for all of us; My Supreme Court case is a huge reminder, if we want free speech, we must defend it for others”: Lorie Smith has this essay online at Fox News.

Posted at 9:56 PM by Howard Bashman



“Reasons for ambivalence about the ruling on web design and same-sex marriage”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 9:53 PM by Howard Bashman



“How the Supreme Court’s Idea of Religious Freedom Could Resegregate the Country; The court once held that the Civil Rights Act trumped religious freedom; After these recent decisions, that’s over; The consequences could be enormous”: Brynn Tannehill has this essay online at The New Republic.

Posted at 9:50 PM by Howard Bashman



“The Most Baffling Argument a Supreme Court Justice Has Ever Made; An opinion from Justice Clarence Thomas exposed the limits of originalism”: Adam Serwer has this essay online at The Atlantic.

Posted at 9:45 PM by Howard Bashman



“How long will Americans put up with the court’s originalism?” Online at The Washington Post, columnist Ruth Marcus has an essay that begins, “Lower-court judges are bound to follow the law as decreed by the Supreme Court. They aren’t bound to like it. And so, lost amid the end-of-term flurry at the high court, came another remarkable ruling by U.S. District Judge Carlton W. Reeves of Mississippi.”

Posted at 9:28 PM by Howard Bashman



“In Her First Term, Justice Ketanji Brown Jackson ‘Came to Play’; The first Black female member of the Supreme Court wasted no time in finding her footing, asserting herself in dissents, alliances and questions from the bench”: Adam Liptak of The New York Times has this report.

Posted at 9:21 PM by Howard Bashman



“Appeals court upholds but narrows sex-trafficking statute; Activists claimed the Fight Online Sex Trafficking Act violated the First Amendment”: Josh Gerstein of Politico has this report.

Isaiah Poritz of Bloomberg Law reports that “Online Sex Trafficking Law is Constitutional, D.C. Cir. Says.”

And at the “Lawfare” blog, Gia Kokotakis has a post titled “DC Circuit Court Upholds but Narrows FOSTA; The court found that the Allow States and Victims to Fight Online Sex Trafficking Act is not overbroad or unconstitutionally vague.”

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

Posted at 9:04 PM by Howard Bashman



“Wisconsin’s Governor Just Pulled Off the Strangest Veto of the Year; Striking a few digits and tweaking punctuation allowed him to create a 400-year spending measure; the ‘Vanna White’ maneuver”: Ben Kesling and Mariah Timms will have this front page article in Saturday’s edition of The Wall Street Journal.

Posted at 8:44 PM by Howard Bashman



“John Roberts and Brett Kavanaugh Are Now the Supreme Court’s Swing Votes; Chief justice moves to counter the perception the court is partisan”: Jess Bravin of The Wall Street Journal has this report.

Posted at 8:40 PM by Howard Bashman



“2 Big Supreme Court Cases — But Not the Ones You Think — With Implications for Public Schools”: Mark Walsh of Education Week has this report.

Posted at 6:02 PM by Howard Bashman



Dobbs Comes to Maryland; The state and localities are wrestling with post-Roe realities”: George Liebmann has this essay online at The American Conservative.

Posted at 6:00 PM by Howard Bashman



“By The Numbers: Vote Breakdown Is a Tale of Two Supreme Courts.” Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 12:58 PM by Howard Bashman



“Appellate Judges Reject Challenge to Pennsylvania State Damages Cap; The ruling upholds an order reducing a $7 million verdict against SEPTA to $250,000; The case, which is likely bound for the Supreme Court, is part of a broader effort to dismantle liability caps”: Aleeza Furman of The Legal Intelligencer has this report on an unpublished opinion that the Commonwealth Court of Pennsylvania issued yesterday.

Posted at 12:52 PM by Howard Bashman



“Mallory, Consent, and Political Economy”: Zachary D. Clopton has this post at the “Transnational Litigation Blog.”

Posted at 12:37 PM by Howard Bashman



“The Supreme Court Had A Few Surprises This Year. That Doesn’t Make It Moderate.” Amelia Thomson-DeVeaux and Holly Fuong of FiveThirtyEight have this report.

Posted at 12:33 PM by Howard Bashman



Thursday, July 6, 2023

“Planned Parenthood calls for protests as GOP prepares to pass new abortion restrictions”: Michaela Ramm of The Des Moines Register has this report.

Posted at 9:56 PM by Howard Bashman



“No Speed Limit for Native Americans; The latest McGirt mess is a Choctaw scofflaw immune from city fines”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:06 PM by Howard Bashman



“Federal Judge Defends Clarence Thomas in New Book; Judge Amul Thapar assiduously defends the Supreme Court justice but says courts should foster greater public understanding of how they work”: Carl Hulse of The New York Times has this new installment of his “On Washington” column.

Posted at 7:50 PM by Howard Bashman



“For Ketanji Brown Jackson, the Law Is in the Details; What if the Supreme Court justices stopped writing for the court of public opinion and instead focused on clarifying points of law? They might write more like its newest member.” Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 1:48 PM by Howard Bashman



“Chief justice takes back the reins at the Supreme Court this term”: Nina Totenberg had this audio segment on yesterday evening’s broadcast of NPR’s “All Things Considered.”

Posted at 1:37 PM by Howard Bashman



“9th Circuit conservatives blast homelessness ruling, say issue is ‘paralyzing’ U.S. West”: Kevin Rector of The Los Angeles Times has this report.

You can access yesterday’s Ninth Circuit opinions respecting and dissenting from the denial of rehearing en banc at this link.

Posted at 1:16 PM by Howard Bashman



“Contrived cases make bad law: Why the Supreme Court should never have heard 303 Creative — Part 1 of 2.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 8:53 AM by Howard Bashman