How Appealing



Monday, January 29, 2024

“The Supreme Court’s Mixed Record on Adhering to Precedent; The current court is not out of step with earlier ones in how often it overturns decisions; But it is more apt to do so to reach conservative results”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:44 PM by Howard Bashman



“The NetChoice Cases Aren’t About Discrimination; Texas and Florida are telling the Supreme Court that their social media laws are like civil rights laws prohibiting discrimination against minority groups; They’re wrong”: Daphne Keller has this post at the “Lawfare” blog.

Posted at 8:36 PM by Howard Bashman



“The Politics of Judicial Elections, 2021–2022; 2022 ushered in a new era of record-high spending in state judicial elections”: Douglas Keith of the Brennan Center for Justice has this report.

Posted at 8:32 PM by Howard Bashman



“Governor Abbott’s Perilous Effort at Constitutional Realignment; Texas’s arguments have dangerous federalism implications”: Steve Vladeck has this post at the “Lawfare” blog.

Posted at 8:26 PM by Howard Bashman



“Abortion Pills, Social Media Cases Top High Court March Calendar”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 3:48 PM by Howard Bashman



“Record $183 million medical malpractice verdict against HUP upheld by Philadelphia judge; Penn says it will appeal the malpractice verdict against the Hospital of the University of Pennsylvania in Superior Court”: Harold Brubaker of The Philadelphia Inquirer has this report.

Posted at 3:42 PM by Howard Bashman



“West Point Affirmative Action Policy Can Continue During Appeal; Second Circuit judges deem emergency injunction not warranted; Another bid for an injunction is also pending in Supreme Court”: Ben Miller of Bloomberg Law has this report.

And Nate Raymond of Reuters reports that “US appeals court won’t block West Point’s race-conscious admissions policy.”

You can access today’s order of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 3:30 PM by Howard Bashman



“‘Very clear’ or ‘narrow and confusing’? Abortion lawsuits highlight confusion over emergency exceptions.” N’dea Yancey-Bragg of USA Today has this report.

Posted at 1:54 PM by Howard Bashman



“Alabama AG Hails ‘Historic’ and ‘Humane’ Execution by Nitrogen Gas After Condemned Man Shook and Writhed for Minutes, Pulling Against Restraints”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 1:42 PM by Howard Bashman



“The Future of Academic Freedom: As the Israel-Hamas war provokes claims about unacceptable speech, the ability to debate difficult subjects is in renewed peril.” Law professor Jeannie Suk Gersen has this essay online at The New Yorker.

Posted at 1:37 PM by Howard Bashman



“Pa. Supreme Court rules abortion access is a right protected by state constitution; The finding delivered a significant victory for reproductive rights advocates in the state following the overturning of Roe v. Wade”: Jeremy Roebuck, Sarah Gantz, and Gillian McGoldrick of The Philadelphia Inquirer have this report.

Friday’s ruling of the Supreme Court of Pennsylvania consisted of a 219-page majority opinion, a 71-page concurring opinion, and three opinions concurring in part and dissenting in part (here, here, and here). Each of the five Justices who participated in the decision wrote separately.

Update: The Philadelphia Inquirer has corrected the headline of this article to read, “Pa. Supreme Court grapples with question of whether abortion access is protected by state constitution; The ruling is the first to grapple with the question of whether Pennsylvania’s constitution protects reproductive autonomy since the U.S. Supreme Court overturned Roe v. Wade.”

Posted at 11:22 AM by Howard Bashman



“Can the Internet Be Governed? Amid worries about what Big Tech is doing to our privacy, politics, and psyches, many stakeholders — from activists to technocrats — are calling for a new rule book.” Akash Kapur has this A Critic at Large essay in the February 5, 2024 issue of The New Yorker.

Posted at 10:40 AM by Howard Bashman



“64. Federal vs. State Immigration Enforcement Under Arizona v. United States; The Supreme Court may soon be asked to revisit Justice Kennedy’s 2012 majority opinion reaffirming federal primacy over immigration; Doing so could have implications far beyond the U.S.-Mexico border.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:37 AM by Howard Bashman



“Big Law Gets Bigger: Paul, Weiss once embraced a variety of civic-minded causes; Today, the law firm seems more focused on its own bottom line.” Jeffrey Toobin has this article online at Air Mail.

Posted at 10:27 AM by Howard Bashman