How Appealing



Monday, September 25, 2023

“Can the government unambiguously waive sovereign immunity by accident? The mysterious case of Department of Agriculture v. Kirtz.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 10:46 PM by Howard Bashman



“A 1997 Motel Murder Puts a Convict’s Life on the Line in the Supreme Court — Again; Oklahoma’s Republican attorney general is pushing to throw out Richard Glossip’s conviction, but other state officials say enough is enough”: Jess Bravin of The Wall Street Journal has this report.

Posted at 10:18 PM by Howard Bashman



“Not just Clarence Thomas: Lower courts facing scrutiny over ethics, disclosures, too; Americans are now able to review financial disclosure reports for all nine justices on the Supreme Court, documents that revealed private jet flights, foreign travel and some bouquet ordered by Oprah.” John Fritze of USA Today has this report.

Posted at 10:03 PM by Howard Bashman



“How Democrats could fix the Founding Fathers’ Supreme Court mistake”: Columnist Ramesh Ponnuru has this essay online at The Washington Post.

Posted at 10:00 PM by Howard Bashman



“A Supreme Court case about hotel websites could blow up much of US civil rights law; The Supreme Court hears a civil rights case straight out of a right-wing fever dream”: Ian Millhiser has this essay online at Vox.

Posted at 9:56 PM by Howard Bashman



“Views from the High Court: Justice Elena Kagan on ethics, originalism, faith and the free exchange of ideas.” Margaret Fosmoe of Notre Dame Magazine has this report.

In earlier coverage, Ariane de Vogue of CNN reported that “Supreme Court Justice Elena Kagan talks ethics and her relationship with the chief justice.”

And Josh Gerstein of Politico reported that “Kagan hopes Supreme Court’s ideological divide on precedent isn’t permanent; The justice said it would be ‘a good thing’ for the court to adopt an ethics code.”

Posted at 9:34 PM by Howard Bashman



“SCOTUS Is Not Done With Guns and Abortion; The excesses of the 2021 term bleed into a new SCOTUS term with the possibility of gun rights for abusers post-Bruen, and the impossible tension between medicine and the law post-Dobbs”: You can access this week’s episode of Slate’s “Amicus” podcast via this link.

Posted at 8:52 PM by Howard Bashman



“Will the Government (as we know it) Still Be Constitutional?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 8:44 PM by Howard Bashman



“A Conversation with Justice Amy Coney Barrett”: The Catholic University of America’s Columbus School of Law’s Project on Constitutional Originalism and the Catholic Intellectual Tradition has posted this video on YouTube.

At the “Sub Deo et Lege” blog, Kevin C. Walsh has a post titled “Justice Barrett explains THaT constitutionalism at CUA’s Columbus School of Law.”

Kate Scanlon of the National Catholic Reporter has an article headlined “Supreme Court Justice Barrett discusses academic freedom at Catholic universities.”

And Jimmy Hoover of The National Law Journal has an article headlined “Justice Barrett on Originalism and Why She Doesn’t Write So Many Opinions; Judges should be ‘very, very careful’ about how historical evidence is used in constitutional adjudication, Barrett says in talk at Catholic University’s law school.”

Posted at 8:40 PM by Howard Bashman



“Nathaniel Sutton ’21 Serves as U.S. Supreme Court Clerk; Alum Clerking for Justice Amy Coney Barrett”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 8:24 PM by Howard Bashman



“46. The Long Conference: The annual late-September meeting of the justices usually sees a flurry of cases added to the docket—even as many veteran practitioners try to time their cert. petitions to avoid it.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:10 PM by Howard Bashman