How Appealing



Monday, October 2, 2023

“On First Day of New Term, Supreme Court Hears Debate Over First Step Act; The justices heard arguments about how to interpret part of the law aimed at reducing prison sentences for people convicted of certain nonviolent drug crimes”: Abbie VanSickle of The New York Times has this report.

Posted at 4:28 PM by Howard Bashman



“The Case for Optimism on the Supreme Court’s Next Term: Liberal pressure contributed to an unexpected tempering of the conservative justices’ extremes last time out; We’ll know soon if that will endure.” Simon Lazarus has this essay online at The New Republic.

Posted at 3:52 PM by Howard Bashman



“Supreme Court rejects Eastman’s bid to scrap rulings that sent his emails to Jan. 6 investigators; Justice Clarence Thomas bowed out as his colleagues rejected a petition from John Eastman”: Josh Gerstein and Kyle Cheney of Politico have this report.

And Lawrence Hurley of NBC News reports that “Clarence Thomas recuses himself as Supreme Court rejects ex-Trump lawyer John Eastman’s appeal; Thomas, who is under fire over claims of ethical lapses, was criticized for not recusing himself from a separate Jan. 6-related case because his wife, Virginia ‘Ginni’ Thomas, supported then-President Donald Trump’s efforts to overturn the 2020 election.”

Posted at 1:09 PM by Howard Bashman



“New term, new look”: Tom Goldstein has this post at “SCOTUSblog” explaining that, “with a smaller team running the blog’s day-to-day operations, we will no longer have full coverage of every merits case.”

Posted at 1:02 PM by Howard Bashman



“An unexpected check on Supreme Court’s sharp move right: Justice Kavanaugh.” David G. Savage of The Los Angeles Times has this report.

Posted at 12:52 PM by Howard Bashman



“The Next Target for the Group That Overturned Roe: Alliance Defending Freedom has won fifteen Supreme Court cases; Now it wants religious exemptions to anti-discrimination laws — and is targeting trans rights.” David D. Kirkpatrick has this article in the October 9, 2023 issue of The New Yorker.

Posted at 10:25 AM by Howard Bashman



“What Fresh Hell Will This Supreme Court Term Bring?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 9:46 AM by Howard Bashman



“47. The First Monday in October: Although the reason why the Supreme Court’s annual session begins today, specifically, has become more than a little anachronistic, Congress’s role in *setting* that date still matters quite a bit.” Steve Vladeck has this post at his “One First” Substack site.

And at his Substack site, Chris Geidner has a post titled “Back to court — Tuesday’s SCOTUS arguments will be a first sign of the court we’re dealing with this term; Also: Louisiana redistricting; And: Florida has an execution set for Tuesday.”

Posted at 9:40 AM by Howard Bashman



“Supreme Court to consider abortion pills, guns, social media in its new term”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 9:36 AM by Howard Bashman



Sunday, October 1, 2023

“Justice Sotomayor’s lack of ‘respect’: Justices stew as high court opens new term.” Stephen Dinan of The Washington Times has an article that begins, “Justice Sonia Sotomayor seems to have lost respect for her colleagues on the Supreme Court — literally. In several of her major dissenting opinions last term, Justice Sotomayor dropped the usual decorum, in which justices write that they ‘respectfully dissent,’ and instead flatly declared, ‘I dissent.’”

Posted at 9:27 PM by Howard Bashman



“Maritime Coverage Case About To Make Waves at Supreme Court. How should a federal court decide whether to enforce a choice-of-law provision? That’s the question at the heart of ‘Great Lakes Ins. v. Raiders Retreat Realty,’ a maritime coverage dispute that will be argued before the Supreme Court. However the court rules, the decision could have wide-ranging implications for insurance disputes — even those on land.” Jillian Raines and Alex Harris have this essay online at the New York Law Journal.

Posted at 9:10 PM by Howard Bashman



“High Noon for the CFPB at the Supreme Court; The Justices have a chance to tell Congress it can’t shirk its duty by creating regulators insulated from political accountability”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:44 PM by Howard Bashman



“Justice Alito’s First Amendment; He’s unusually willing to accept limits on outré speech — but on core political speech, he’s stronger than the ACLU”: James Taranto and David B. Rivkin Jr. will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 8:38 PM by Howard Bashman



“Judicial Notice (09.30.23): Gender Trouble; Calling a woman judge ‘sweetheart,’ requiring judges to use preferred pronouns, ruling on trans youth healthcare, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:52 PM by Howard Bashman



“We Don’t Talk About Leonard — The conservative legal movement in the United States is more powerful than ever; One largely unknown man has played a significant role in pushing the American judiciary to the right: Leonard Leo.” Andrea Bernstein, Andy Kroll, and Ilya Marritz of Pro Publica, together with WNYC’s “On the Media,” have created this new podcast miniseries. You can access episode one here and here.

Posted at 1:44 PM by Howard Bashman



“Supreme Court Preview: This Term, It Can Always Get Worse; With the liberals thoroughly outmatched, the upcoming term will not be a battle between right and left — it will be a battle between shades of extremism.” Ellie Mystal has this essay online at The Nation.

Posted at 1:36 PM by Howard Bashman



“Supreme Court prepares for new term by looking back, with likely impact on 2024 elections; Supreme Court to examine gun rights, election redistricting, free speech and other hot-button topics”: Shannon Bream and Bill Mears of Fox News have this report.

Posted at 1:20 PM by Howard Bashman



“Gun rights. Herring fishermen. An ethics hangover. The Supreme Court gets back to work. Guns, social media, and thorny government regulations are all on the docket. Abortion — which some thought was a settled issue — also could make a return this term.” John Fritze of USA Today has this report.

Posted at 1:17 PM by Howard Bashman



“Trump’s war on federal agencies — fueled by his judges — reaches the Supreme Court; The conservative-majority Supreme Court already has three cases on its docket that seek to curb the power of federal agencies as its new term begins Monday”: Lawrence Hurley of NBC News has this report.

Posted at 1:14 PM by Howard Bashman



“A Battered Supreme Court Returns to Confront a Challenging Docket; The justices will explore the scope of the Second Amendment, the fate of the administrative state and limits on free speech on the internet”: Adam Liptak and Abbie VanSickle of The New York Times have this report.

Posted at 1:10 PM by Howard Bashman



“Mandatory minimums, payday lending, and voting rights in first session of Supreme Court term”: Amy Howe has this post at “SCOTUSblog.”

Posted at 1:07 PM by Howard Bashman



“He, She, They: The Pronoun Debate Will Likely Land at the Supreme Court; And the trend doesn’t look good for transgender kids.” Law professor Kimberly Wehle has this essay online at Politico Magazine.

Posted at 12:50 PM by Howard Bashman



Saturday, September 30, 2023

“Supreme Court to hear arguments on funding for financial protection agency; Case on Consumer Financial Protection Bureau could shape congressional power to fund agencies outside of normal appropriations”: Michael Macagnone of Roll Call has this report.

Posted at 10:07 PM by Howard Bashman



“The Supreme Court will take up abortion and gun cases in its new term while ethics concerns swirl”: Mark Sherman of The Associated Press has this report.

Posted at 10:02 PM by Howard Bashman



“A Monumental SCOTUS Term Begins: Our Reluctant Curtain-Raiser; On the brink of a new term, with plunging public trust and swirling ethics scandals, the Supreme Court eyes dismantling the regulatory state and arming domestic abusers.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 9:45 PM by Howard Bashman



“Supreme Court in New Term Looks at Curbing Power of Federal Agencies; Docket also promises rulings from justices on electoral districts and gun rights”: Jess Bravin of The Wall Street Journal has this report.

Posted at 9:42 PM by Howard Bashman