How Appealing



Wednesday, September 20, 2023

“What I Most Regret About My Decades of Legal Activism: By focusing on civil liberties but ignoring economic issues, liberals like me got defeated on both.” Caroline Fredrickson has this essay online at The Atlantic.

Posted at 1:00 PM by Howard Bashman



Tuesday, September 19, 2023

“Case before Alabama Supreme Court could shut down fertility clinics, medical group warns”: Amy Yurkanin of Alabama Media Group has this report.

And Gabriel Tynes of Courthouse News Service has an article headlined “Alabama Supreme Court considers fundamental question: What is life? The case may hinge on the fact that Alabama law — which affords strict protections to embryos in utero — says nothing about embryos that exist in a tank of liquid nitrogen.”

Posted at 10:04 PM by Howard Bashman



“Anti-Affirmative Action Group Sues West Point Over Admissions Policy; The Supreme Court ruling barring race-conscious admissions at civilian colleges should apply to the U.S. Military Academy as well, the lawsuit argues”: Anemona Hartocollis of The New York Times has this report.

Nick Anderson of The Washington Post reports that “Affirmative action opponent sues West Point over race in admissions; Students for Fair Admissions filed the suit in federal court in New York.”

Zachary Schermele of USA Today reports that “West Point sued for using ‘race-based admissions’ by group behind Supreme Court lawsuit.”

And Nate Raymond and Phil Stewart of Reuters report that “US anti-affirmative action group challenges West Point admissions policy.”

Posted at 10:00 PM by Howard Bashman



“Wisconsin redistricting fight focuses on the recusal of a key justice as impeachment threat lingers”: Scott Bauer of The Associated Press has this report.

Posted at 9:53 PM by Howard Bashman



“Will Supreme Court take on latest challenge to MLB’s antitrust exemption?” Evan Drellich of The Athletic has this report.

Posted at 9:31 PM by Howard Bashman



“Circuit Split Watch: Judges Clash Over First Step Act Retroactivity Provision; A divided 6th Circuit lets stand decision that law does not apply to sentences imposed prior to enactment.” Avalon Zoppo of The National Law Journal has this report on an order denying rehearing en banc, and the opinions concurring in and dissenting therefrom, that the U.S. Court of Appeals for the Sixth Circuit issued yesterday.

The order contains the first published opinion (dissenting from the denial of rehearing en banc) from recently confirmed Sixth Circuit Judge Rachel S. Bloomekatz.

Posted at 1:24 PM by Howard Bashman



Monday, September 18, 2023

“Donald Trump Owes Pro-Lifers; Trump made Dobbs possible—but foes of abortion made his presidency possible”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:56 PM by Howard Bashman



“The Supreme Court We Deserve? Award-winning documentarian and lawyer Dawn Porter grapples with the Supreme Court’s path to this perilous moment in ‘Deadlocked.’” You can access this week’s new episode of Slate’s “Amicus” podcast, featuring Dahlia Lithwick, via this link.

Today’s new episode of the “Strict Scrutiny” podcast is titled “Lights, Camera, SCOTUS!

And today’s new episode of The Bakari Sellers Podcast is titled “Ethics and the Supreme Court With Dawn Porter.”

Posted at 9:40 PM by Howard Bashman



“Hunter Biden Charges Wade Into Supreme Court Fray Over Guns; Biden defense likely to feature constitutional challenge; Justices created Second Amendment ‘chaos,’ legal experts say”: Zoe Tillman of Bloomberg News has this report.

And online at The New Republic, Matt Ford has an essay titled “Hunter Biden’s Best Allies Could Be the Supreme Court’s Conservatives; The court’s right-wing bloc has lately applied a ‘history-and-tradition’ test to Second Amendment cases — and it might help the younger Biden avoid jail time.”

Posted at 9:30 PM by Howard Bashman



“On ‘Alma’s Way,’ Sonia Manzano welcomes ‘the other Sonia from the Bronx’: Justice Sotomayor.” Amy Amatangelo has this article online at The Los Angeles Times.

Posted at 9:00 PM by Howard Bashman



“Supreme Court’s ethics scandals reveal a deeper rot; Justices are so overconfident that they refuse to play by any rules”: Law professor Aaron Tang has this essay online at The San Francisco Chronicle.

Posted at 8:53 PM by Howard Bashman



“Jan. 6 defendants bring cases to Supreme Court; Here’s what it could mean for Donald Trump; The cases are the first to reach the Supreme Court from those involved in the Jan. 6, 2021, attack on the U.S. Capitol; The outcome could affect the indictment of Donald Trump”: John Fritze of USA Today has this report.

Posted at 8:37 PM by Howard Bashman



“Overruling ‘Chevron’ Would Trigger ‘Convulsive Shock,’ US Tells Supreme Court; The justices are set to consider whether their nearly four-decades-old doctrine of deferring to federal agencies should continue”: Jimmy Hoover of The National Law Journal has this report.

You can access the federal government’s merits brief at this link.

Posted at 8:26 PM by Howard Bashman



“An About-Face on Whether the 14th Amendment Bars Trump From Office; Steven Calabresi, a founder of the Federalist Society, recently — and forcefully — said the former president was disqualified; He has had a change of heart”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

And recently at “The Volokh Conspiracy,” Steven Calabresi had a blog post titled “Donald Trump Should be on the Ballot and Should Lose.”

Posted at 7:46 PM by Howard Bashman



“A Supreme Court redistricting ruling gave hope to Black voters. They’re still waiting for new maps.” Gary Fields and Adriana Gomez Licon of The Associated Press have this report.

At his “One First” Substack site, Steve Vladeck has a post titled “45. Justice Kavanaugh and the Return of the Alabama Redistricting Cases; Justice Kavanaugh is once again at the center of the dispute over Alabama’s congressional redistricting; The harder question is whether it’s his fault or the state’s.”

Online at The Atlantic, Adam Serwer has an essay titled “Alabama Republicans Think the Supreme Court Is Full of Partisan Hacks; It’s hard to understand a series of recent moves in any other way.”

And online at Washington Monthly, law professor Joshua A. Douglas has an essay titled “Alabama’s Defiance of the Supreme Court and the Rule of Law; The state’s attempt to nullify a Voting Rights Act decision calls for a swift and firm rebuke.”

Posted at 2:09 PM by Howard Bashman



“The Supreme Court Term’s Biggest Matchup: DOJ vs. Fifth Circuit; The justices have agreed to hear several Biden administration appeals from the Fifth Circuit, a right-leaning tribunal often surprisingly overturned by the conservative high court.” Jimmy Hoover of The National Law Journal has this report.

Posted at 1:48 PM by Howard Bashman



“DC attorney general targets conservative judicial activist Leonard Leo’s network: ‘Politically driven’; The probe appears to stem from a complaint from Campaign for Accountability, which has links to a liberal network.” Joe Schoffstall of Fox News has this report.

Posted at 1:43 PM by Howard Bashman



“The Supreme Court’s new term will be dominated by dangerous and incoherent lawsuits”: Ian Millhiser has this essay online at Vox.

Posted at 1:36 PM by Howard Bashman



“Cert Petition Defends Partial Forum Non Conveniens Dismissals”: Maggie Gardner and Cara Maines have this post at the “Transnational Litigation Blog.”

Posted at 1:06 PM by Howard Bashman



Thursday, September 14, 2023

“The new SCOTUS term is almost upon us; Although the court has agreed to hear fewer than two dozen cases so far, some of what could become the biggest cases of the term are just making their way to the justices now”: Chris Geidner has this post at his Substack site.

Posted at 11:28 PM by Howard Bashman



“White House Asks Supreme Court to Halt Order on Social Media Censorship; The Biden administration is seeking a stay of a lower-court ruling forbidding federal officials from pressuring online platforms to suppress disfavored viewpoints”: Jacob Gershman of The Wall Street Journal has this report.

Posted at 11:11 PM by Howard Bashman



“Court to FDA: Stop Playing Doctor; The Fifth Circuit revives a lawsuit over advice against taking ivermectin for Covid.” Joel Zinberg will have this op-ed in Friday’s edition of The Wall Street Journal.

And at the “Drug & Device Law” blog, Eric Alexander has a post titled “Fifth Circuit FDA Decision Puzzles.”

Posted at 11:06 PM by Howard Bashman