How Appealing



Saturday, June 15, 2024

“One Week That Revealed the Struggles of the Anti-Abortion Movement; The movement looks for a path forward: ‘Is the goal the absolute abolition of abortion in our nation?’” Elizabeth Dias of The New York Times has this report.

Posted at 9:22 PM by Howard Bashman



Friday, June 14, 2024

“En Banc Court Hears First Amendment Challenge to Campaign Finance Restriction”: Trane Robinson has this post at this “Sixth Circuit Appellate Blog.”

Posted at 3:56 PM by Howard Bashman



“Alabama Law Review: A Tribute to Twenty Years on the Bench — Chief Judge William H. Pryor Jr.; With contributions by Justice Thomas, Attorney General Sessions, and many Pryor clerks/mentees who became judges.” Josh Blackman has this post at “The Volokh Conspiracy,” linking to the individual contributions. You can access the law review issue via this link (scroll down).

Posted at 3:54 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.

1. Justice Ketanji Brown Jackson delivered the opinion of the Court in United States Trustee v. John Q. Hammons Fall 2006, LLC. No. 22-1238. Justice Neil M. Gorsuch issued a dissenting opinion, in which Justices Clarence Thomas and Amy Coney Barrett joined. You can access the oral argument via this link.

2. Justice Samuel A. Alito, Jr. delivered the opinion of the Court in Campos-Chaves v. Garland, No. 22-674. Justice Jackson issued a dissenting opinion, in which Justices Sonia Sotomayor, Elena Kagan, and Gorsuch joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion of the Court in Garland v. Cargill, No. 22-976. Justice Alito issued a concurring opinion. And Justice Sotomayor issued a dissenting opinion, in which Justices Kagan and Jackson joined. You can access the oral argument via this link.

Posted at 10:03 AM by Howard Bashman



Thursday, June 13, 2024

“Supreme Court, in Starbucks Ruling, Curbs Labor Regulator’s Authority; In a blow to the National Labor Relations Board, the justices made it more difficult to order employers to reinstate fired workers”: Noam Scheiber and Santul Nerkar of The New York Times have this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court rules for Starbucks, limits power of judges to protect fired union organizers.”

And Erin Mulvaney, Heather Haddon, and Jan Wolfe of The Wall Street Journal report that “Supreme Court Sides With Starbucks in Challenge to Labor Board; Court rules some judges have made it too easy for NLRB to get terminated workers reinstated.”

Posted at 8:45 PM by Howard Bashman



“The Dishonorable Attack on the Alitos: A left-wing activist impressed her comrades, hardened her foes, and got attention. So what?” Columnist Peggy Noonan has this essay online at The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Supreme Court Rejects Bid to Trademark ‘Trump Too Small’; The decision was unanimous but fractured in rationale, with several justices objecting to the majority’s use of a history-based test”: Adam Liptak of The New York Times has this report.

Justin Jouvenal and Ann E. Marimow of The Washington Post report that “Supreme Court rejects attempt to trademark ‘Trump Too Small’; The Biden administration asked the justices to uphold the U.S. Patent and Trademark Office’s decision to deny the patent application from attorney Steve Elster.”

David G. Savage of The Los Angeles Times reports that “Supreme Court rejects California man’s attempt to trademark Trump T-shirts.”

Maureen Groppe of USA Today has an article headlined “‘Trump too small’. Supreme Court says jab at Trump can’t be trademarked; The man behind the case wanted to sell T-shirts with the phrase he said conveys the idea that Trump and his policies ‘are diminutive’; It brought some levity to the dry world of Trademark law.”

And Alex Swoyer of The Washington Times reports that “Supreme Court rules against man trying to trademark ‘Trump too small.’

Posted at 8:35 PM by Howard Bashman



“The Supreme Court’s abortion pill case is only a narrow and temporary victory for abortion; The decision is unanimous, but it leaves open two routes Republicans could take to pull mifepristone from the market”: Ian Millhiser has this essay online at Vox.

Online at The New York Times, columnist Jesse Wegman has an essay titled “The Abortion Pill Stays Legal. But for How Long?

Online at The Washington Post, columnist Ruth Marcus has an essay titled “The real threat to abortion meds is Trump himself; A unanimous court saved mifepristone; But more formidable challenges to abortion medication loom.”

Online at Slate, Dahlia Lithwick and Mark Joseph Stern have a Jurisprudence essay titled “The Supreme Court’s Abortion Pill Ruling Should Satisfy Nobody.”

And online at Balls and Strikes, Madiba K. Dennie has an essay titled “There’s a Time Bomb Hidden In the Supreme Court’s Abortion Pills Decision; The justices turned away a cartoonishly dumb legal theory — but also laid the groundwork to further the goals of the conservative legal movement in the future.”

Posted at 8:20 PM by Howard Bashman



“Supreme Court Maintains Broad Access to Abortion Pill; The decision does not eliminate efforts to restrict the availability of the pill”: Abbie VanSickle of The New York Times has this report.

Ann E. Marimow and David Ovalle of The Washington Post report that “Supreme Court upholds broad access to key abortion pill mifepristone; Ever since the high court eliminated the right to abortion in 2022, medications to terminate pregnancy have grown in importance and been challenged in court.”

David G. Savage of The Los Angeles Times reports that “Supreme Court upholds FDA’s approval of abortion pills for early pregnancies.”

Laura Kusisto and Jess Bravin of The Wall Street Journal report that “Supreme Court Rejects Abortion Pill Challenge, Preserving Wide Access to Drug; Justices hand loss to antiabortion groups who sought to restrict most common method for ending a pregnancy.”

Maureen Groppe and Bayliss Wagner of USA Today report that “Supreme Court preserves access to widely used abortion medication mifepristone; First approved in 2000, mifepristone is now used in nearly two-thirds of abortions in the nation and is a reason the total number of abortions has increased.”

And lex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court dismisses challenge to abortion pill, says pro-life doctors lack standing.”

Posted at 8:10 PM by Howard Bashman



“Ted Kennedy’s CAP Attack on Alito Backfires; Senate Democrat’s bombast collapses into farce”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 2:09 PM by Howard Bashman



Access today’s rulings of the U.S. Supreme Court in argued cases: The Court issued rulings in three argued cases.

1. Justice Brett M. Kavanaugh delivered the opinion for a unanimous Court in FDA v. Alliance for Hippocratic Medicine, No. 23-235. Justice Clarence Thomas issued a concurring opinion. You can access the oral argument via this link.

2. Justice Clarence Thomas announced the judgment of the Court and delivered the opinion of the Court, except as to Part III in Vidal v. Elster, No. 22-704. Justice Kavanaugh issued an opinion, in which Chief Justice John G. Roberts, Jr. joined, concurring in part. Justice Amy Coney Barrett issued an opinion, in which Justice Elena Kagan joined in full and Justices Sonia Sotomayor and Ketanji Brown Jackson joined in part, concurring in part. And Justice Sotomayor issued an opinion concurring in the judgment, in which Justices Kagan and Jackson joined. You can access the oral argument via this link.

3. And Justice Thomas delivered the opinion of the Court in Starbucks Corp. v. McKinney, No. 23-367. Justice Jackson issued an opinion concurring in part, dissenting in part, and concurring in the judgment. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman



Wednesday, June 12, 2024

“Hunter Biden Is Expected to Appeal Conviction on Gun Charges; Lawyers for Mr. Biden are considering a number of challenges to the guilty verdict, including one based on the Second Amendment”: Glenn Thrush of The New York Times has this report.

Posted at 8:30 PM by Howard Bashman



“Senate Republicans Block Supreme Court Ethics Measure Pushed by Democrats; Democrats made what they knew was a doomed attempt as they faced pressure from the left to do more to try to hold the court accountable”: Carl Hulse of The New York Times has this report.

Posted at 7:34 PM by Howard Bashman



“Clarence Thomas raised him ‘as a son’; Now he’s facing 25-plus years on weapons and drug charges”: Katherine Tangalakis-Lippert of Business Insider has this report.

Posted at 7:22 PM by Howard Bashman



“Supreme Court has a lot of work to do and little time to do it with a sizable case backlog”: Mark Sherman and Lindsay Whitehurst of The Associated Press have this report.

Posted at 7:18 PM by Howard Bashman



“The Federalist Society Is Surrendering the Conservative Legal Movement to Donald Trump; FedSoc co-founder Steven Calabresi’s embrace of the stolen-election lie demonstrates that if you are a conservative in 2024, you can be a critic of Donald Trump, or you can be relevant; But you cannot be both”: Jay Willis has this essay online at Balls and Strikes.

Posted at 4:06 PM by Howard Bashman



“Fifth Circuit Judge Moving States, But No Plans to Retire; Leslie Southwick moving chambers from Mississippi to Texas; No circuit approval needed to change court locations”: Jacqueline Thomsen of Bloomberg Law has this report (subscription required for full access).

Posted at 3:12 PM by Howard Bashman



“Secret Audio of Alito Isn’t the Smoking Gun Liberals Think; The recordings of the Supreme Court justice, his wife, and Chief Justice John Roberts don’t tell us anything we didn’t already know”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 11:09 AM by Howard Bashman



Tuesday, June 11, 2024

“Convictions of Biden’s Son and Trump Put the Justice System on Trial; But despite the partisan roar, two juries appeared to seriously weigh the evidence and deliver verdicts; The system seemed to work as it is supposed to”: Charlie Savage of The New York Times has this news analysis.

Posted at 8:56 PM by Howard Bashman



“The Secret Supreme Court Tapes: A political activist infiltrated a gala to try provoking Justice Alito and his wife.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:48 PM by Howard Bashman



“Secret recording puts spotlight on Alito’s strong conservative views on religious issues; The justice has consistently backed religious Christian groups in Supreme Court cases and has often spoke about freedom of religion being under attack”: Lawrence Hurley of NBC News has this report.

Posted at 8:30 PM by Howard Bashman



“Alito’s ‘Godliness’ Comment Echoes a Broader Christian Movement; Justice Samuel Alito’s secretly recorded remarks come as many conservatives have openly embraced the view that American democracy must be grounded in a Christian worldview”: Elizabeth Dias and Lisa Lerer of The New York Times have this news analysis.

Posted at 8:27 PM by Howard Bashman



“Sam Alito, Who Does Things People Don’t Like, Still Unsure Why People Don’t Like Him; The justice remains very upset by journalists who report accurately on the things the Supreme Court is doing with its power”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 5:30 PM by Howard Bashman



“Alito No Longer Tries to Hide His Theocratic Worldview”: Columnist Jesse Wegman has this essay online at The New York Times.

Posted at 5:27 PM by Howard Bashman



“Justice Alito is right about today’s politics; America is in the middle of a nonmilitary civil war, and one side will win”: Columnist Perry Bacon Jr. has this essay online at The Washington Post.

Posted at 5:20 PM by Howard Bashman



“In Taped Remarks at Supreme Court Gala, Revealing Glimpses of Roberts and Alito; Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr., once close allies, have embraced starkly different conceptions of the judicial role”: Adam Liptak of The New York Times has this report.

Posted at 5:08 PM by Howard Bashman



“Justice Alito’s Wife, in Secretly Recorded Conversation, Complains About Pride Flag; In a conversation with a woman posing as a conservative supporter, Martha-Ann Alito appeared to push back against having to look at a symbol of L.G.B.T.Q. rights”: Abbie VanSickle of The New York Times has this report.

Posted at 1:35 PM by Howard Bashman



“Supreme Court’s Greater Revision Tranparency Gets Little Notice; Court permanently notes changes to revised opinions; Revisions ranged from typos to substantive changes”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:34 PM by Howard Bashman