How Appealing



Wednesday, February 21, 2024

“Justice Alito’s Hypocritical and Question-Begging Dissent in the Fairfax County Magnet School Case”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 12:58 PM by Howard Bashman



“Justices Side With Insurers in Rare Fight Over Yacht Policy; Case revolves around federal maritime vs state insurance law; Key maritime players have been closely watching case”: Daphne Zhang of Bloomberg Law has this report.

Posted at 12:06 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: Justice Justice Ketanji Brown Jackson delivered the opinion for a unanimous Court in McElrath v. Georgia, No. 22-721. You can access the oral argument via this link.

And Justice Brett M. Kavanaugh delivered the opinion of the Court in Great Lakes Ins. SE v. Raiders Retreat Realty Co., No. 22-500. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Tuesday, February 20, 2024

“Justice Alito Renews Criticism of Landmark Ruling on Same-Sex Marriage; In a statement, the justice raised concerns that those with ‘traditional religious views’ would be ‘“labeled as bigots and treated as such” by the government’”: Abbie VanSickle of The New York Times has this report.

Maureen Groppe of USA Today reports that “Alito says he was right to fear that opponents of gay marriage would be treated as bigots; Supreme Court Justice Samuel Alito said he’d anticipated that Americans would be called bigots unless they hid their religious views on homosexuality.”

And in commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “Sam Alito Launches Broadside Against Marriage Equality in Homophobic Juror Case.”

Posted at 10:08 PM by Howard Bashman



“Supreme Court turns down challenge to N.Y. rent control with implications for California”: David G. Savage of The Los Angeles Times has this report.

Posted at 10:04 PM by Howard Bashman



“Third Circuit Clarifies Comity Abstention Test”: Maggie Gardner has this post at the “Transnational Litigation Blog.”

Posted at 10:02 PM by Howard Bashman



“A Response to John Mikhail on ‘Officers of the United States’ — Part I; The issues, arguments, and evidence raised by Mikhail has already been addressed by our scholarship; This evidence was not ‘ignored or overlooked’”: Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy.”

Posted at 9:56 PM by Howard Bashman



“The Quiet Way Democrats Hope to Expand Their Power at the State Level; The Democratic Governors Association is beginning a multimillion-dollar effort aimed at appointing more state judges”: Nick Corasaniti of The New York Times has this report.

Posted at 8:54 PM by Howard Bashman



“Supreme Court Won’t Hear New Case on Race and School Admissions; The decision, along with an order this month declining to block West Point’s admissions program, suggests that most justices are not eager to immediately explore the limits of its ruling from June”: Adam Liptak of The New York Times has this report.

Ann E. Marimow and Karina Elwood of The Washington Post report that “Supreme Court won’t review admissions at Va.’s Thomas Jefferson school.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Rejects Challenge to Diversity Efforts at Top High School; Plaintiffs say school board changed criteria to increase Black, Hispanic enrollment.”

Maureen Groppe of USA Today reports that “Supreme Court sidesteps fight over controversial diversity policy at one of the nation’s top high schools; Against the backdrop of the murder of George Floyd in 2020, a Virginia county changed its admissions policy at one of the most selective high schools in the country.”

And Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court declines challenge to Thomas Jefferson race policy that cut Asian-American admissions.”

You can access today’s Order List of the U.S. Supreme Court at this link.

Posted at 8:36 PM by Howard Bashman



“Federal Court: Prison Guards Forcibly Shaving a Rastafarian’s Head Is Someone Else’s Problem; A Fifth Circuit decision prohibits guards from cutting Damon Landor’s hair; He gave them a copy of the opinion; They literally threw it in the trash.” Madiba K. Dennie has this post at Balls and Strikes.

Posted at 8:25 PM by Howard Bashman



“Fifth Circuit keeps Texas anti-drag law on ice as the state’s appeal proceeds; Judge James Ho, though, wrote that Texas should immediately be allowed to enforce the law — despite a district judge’s ruling that the law is unconstitutional”: Chris Geidner has this post at his Substack site.

You can access today’s unpublished order of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:22 PM by Howard Bashman



“Beyond the Limit: The Battle Over Copyright Back-Damages in Warner Chappell Music v. Nealy.” Dennis Crouch and Timothy Knight have this post at the “Patently-O” blog.

Posted at 1:30 PM by Howard Bashman



“Where the Ruling Class Went to Rule — Law’s Violence in the Era of William Howard Taft”: William Forbath has this guest post at the “Balkinization” blog.

Posted at 1:28 PM by Howard Bashman



“Incorporation by Reference Rules at the Federal Circuit”: Dennis Crouch has this post at his “Patently-O” blog.

Posted at 1:25 PM by Howard Bashman



“The Supreme Court will decide whether to let civilians own automatic weapons; Garland v. Cargill asks whether gun makers can evade the ban on machine guns with a device called a bump stock”: Ian Millhiser has this essay online at Vox.

Posted at 1:22 PM by Howard Bashman



“67. Making Sense of the ‘Good Neighbor’ Applications; A rare oral argument on emergency applications challenging Biden administration pollution rules underscores how much earlier the justices are taking up complex legal disputes — and the costs of doing so.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:40 AM by Howard Bashman



Monday, February 19, 2024

“Bakery Drivers Head to High Court Searching for Arbitration Exit; Industry test would add fights on transportation firm meaning; With circuits split, high court to hear oral arguments Tuesday”: Jennifer Bennett of Bloomberg Law has this report.

Posted at 11:46 PM by Howard Bashman



“Truck Stop ‘Sleeper Case’ Could Open Old Rules to New Lawsuits; Six-year time limit for regulatory challenges at issue; Effects could be drastic if court tosses Chevron deference”: Lydia Wheeler of Bloomberg Law has this report.

And in commentary, Tuesday’s edition of The Wall Street Journal will contain an editorial titled “The Supreme Court and the Right to Sue: Regulators want to cut off lawsuits six years after a rule is issued; But that’s not what the Administrative Procedure Act says.”

Posted at 9:24 PM by Howard Bashman



“Justice Mary Moreau officially welcomed as the Supreme Court’s newest member; In historic first, women now the majority on highest court”: Christian Paas-Lang of CBC News has a report that begins, “Mary Moreau has officially been welcomed to her seat on the Supreme Court of Canada as its newest justice.”

Posted at 1:46 PM by Howard Bashman



“Alabama Supreme Court Cites the Bible in Terrifying Embryo Ruling; The Alabama Supreme Court’s decision is all but guaranteed to gut IVF in the entire state”: Ellie Quinlan Houghtaling has this essay online at The New Republic.

Posted at 1:42 PM by Howard Bashman



“Babylon Bee fights for free speech all the way to the Supreme Court; Supreme Court needs to stop Big Tech from abusing vague policies that silence free speech”: Seth Dillon and Jeremy Dys have this essay online at Fox News.

Posted at 1:32 PM by Howard Bashman



“The Zeitgeist of the Law: The Return of ‘Spirit’ in Legal Interpretation.” Adrian Vermeule has this post at “The New Digest” Substack site.

Posted at 1:28 PM by Howard Bashman



“John Oliver offers to pay Clarence Thomas $1m a year if he resigns from supreme court; Late-night host gives justice, under fire over undisclosed donations, 30 days to accept offer, which includes a tour bus”: Ramon Antonio Vargas of The Guardian has this report.

Posted at 1:20 PM by Howard Bashman



“A Reality Check on ‘Officer of the United States’ at the Founding”: John Mikhail has this post at the “Balkinization” blog.

Posted at 1:14 PM by Howard Bashman



Griffin’s Case (1869) and The Enforcement Act of 1870: Justice Kavanaugh was right; Chief Justice Chase’s decision in Griffin’s Case ‘forms the backdrop against which Congress’ legislated The Enforcement Act of 1870.” Josh Blackman and Seth Barrett Tillman have this post at “The Volokh Conspiracy.”

Posted at 1:02 PM by Howard Bashman



Sunday, February 18, 2024

“Was Griffin’s Case the Backdrop Against Which Congress Legislated the Enforcement Act of 1870?” Samarth Desai has this guest post at the “Balkinization” blog.

Posted at 9:55 PM by Howard Bashman