How Appealing



Tuesday, December 28, 2021

“Conflicts of Supreme Judicial Interest: Montana judges quashed subpoenas to probe their political lobbying.” The Wall Street Journal has published this editorial.

Posted at 1:34 PM by Howard Bashman



“Get Ready for the Most Pivotal Year in the History of the Supreme Court — Again; The country we’ll reside in at the start of 2022 will look very different in 365 days’ time”: Matt Ford has this post online at The New Republic.

Posted at 1:22 PM by Howard Bashman



“Supreme Court term limits are popular — and appear to be going nowhere”: Seung Min Kim and Robert Barnes of The Washington Post have this report.

Posted at 1:20 PM by Howard Bashman



“The Return, Abortion, Guns, and Breyer: Supreme Court in 2021”: Kimberly Strawbridge Robinson and Jordan S. Rubin of Bloomberg Law have this report.

Posted at 1:15 PM by Howard Bashman



Monday, December 27, 2021

“Stand-Up Appellate Work: Why would someone who had real appellate experience need help from someone in the firm’s appellate practice?” At “Above the Law,” Mark Herrmann has this post, which is already drawing reactions on Twitter.

Posted at 8:30 PM by Howard Bashman



“The One Thing Biden Is Doing Exceptionally Well: He is getting judges confirmed at a record pace, and his selections have been incredible.” Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 1:49 PM by Howard Bashman



“Just how much is Trump’s judiciary sabotaging the Biden presidency? More than a year after Trump’s defeat, Biden is forced to share power with increasingly partisan judges.” Ian Millhiser has this essay online at Vox.

Posted at 1:46 PM by Howard Bashman



“Lawyers say ditching old typeface is a breach of human writes”: Jonathan Ames of The Times (UK) has an article that begins, “Lawyers and legal academics glory in debating the minutiae of statute and case law but it is a typeface that has now got their blood boiling. The Inns of Court have been rumbling over social media about the move by the Supreme Court to publish its judgments in Calibri, a sans-serif typeface developed a mere 20 years ago.”

Posted at 1:28 PM by Howard Bashman



“Government Can’t Censor the Truth About Judges; A well-intentioned bill to protect their privacy and safety runs afoul of the First Amendment”: Thomas Berry has this op-ed in today’s edition of The Wall Street Journal.

The op-ed begins, “Can the government censor you for tweeting happy birthday to a judge? The Senate Judiciary Committee recently voted 21-0 to advance a bill that would allow exactly that.”

Posted at 9:27 AM by Howard Bashman



“The McGirt Ruling Breaches Its Levee; Oklahoma’s civil power is at risk, as a court order showed last week”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 9:24 AM by Howard Bashman



Sunday, December 26, 2021

“Sarah Weddington, Texan who argued Roe v. Wade before the Supreme Court, dies at 76; Weddington’s death comes as the U.S. Supreme Court considers the most serious challenge the the landmark abortion rights case in years”: BeLynn Hollers of The Dallas Morning News has this report.

And Tyler O’Neil of Fox News reports that “Roe v. Wade lawyer dies, former student says; as Supreme Court reconsiders landmark abortion case; Sarah Weddington became the youngest person to argue before the Supreme Court at 27.”

Posted at 6:33 PM by Howard Bashman



“U.S. Supreme Court will hear case of Alabama doctor who prescribed powerful opioids”: Amy Yurkanin of Alabama Media Group has this report.

Posted at 6:26 PM by Howard Bashman



Friday, December 24, 2021

“Challenge to vaccine-or-test mandate could upend already shaky precedent on agency deference; Vaccine opponents have so far left the Supreme Court’s shadow docket empty-handed, but a nationwide mandate for large businesses offers a different question on precedent that has long disquieted several justices”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 10:04 AM by Howard Bashman



“The Supreme Court has a fresh chance to rein in police lawlessness”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 10:02 AM by Howard Bashman



“Supreme Court cases over vaccine mandates are really about whether government can protect us”: Columnist Ruth Marcus has this op-ed in today’s edition of The Washington Post.

Posted at 10:00 AM by Howard Bashman



“Biden to nominate SC Judge Michelle Childs, a USC law grad, to influential DC Circuit”: Maayan Schechter of The State of Columbia, South Carolina has this report.

Nick Reynolds of The Post and Courier of Charleston, South Carolina reports that “SC District Judge Michelle Childs picked by Biden to fill DC appeals court seat.”

Tia Mitchell of The Atlanta Journal-Constitution has an article incorrectly headlined “Federal appeals court in Atlanta to get its first Black judge.”

Colleen Long of The Associated Press has an article headlined “40 federal judges confirmed in 2021; Biden nominates 2 more.”

Nate Raymond of Reuters reports that “Biden nominates 2 appellate judges, including Supreme Court contender.”

Timothy H.J. Nerozzi of Fox News reports that “Biden appoints second Black woman to DC Circuit, a known stepping stone to the Supreme Court; Judge Michelle Childs is now one step closer to the Supreme Court.”

Harper Neidig of The Hill reports that “Biden nominates South Carolina judge to powerful DC Circuit.”

And Kelsey Reichmann of Courthouse News Service reports that “Biden caps year full of judicial appointments with two more nominees; The president continues to focus on diversifying the federal bench as he closes out the year with two additional nominations.”

Yesterday, the White House issued a news release titled “President Biden Names Twelfth Round of Judicial Nominees.”

Posted at 9:54 AM by Howard Bashman



Thursday, December 23, 2021

“Will Donald Trump Get Away With Inciting an Insurrection?” Laurence H. Tribe, Donald Ayer, and Dennis Aftergut have this guest essay online at The New York Times.

Posted at 2:37 PM by Howard Bashman



“Judges Held Off Congress’s Efforts to Impose Ethics Rules — Until Now; Bills to make it easier for the public to learn about court actions and conflicts of interest are on the move following years of resistance by the judiciary”: James V. Grimaldi, Joe Palazzolo, and Coulter Jones of The Wall Street Journal have this report.

Posted at 12:58 PM by Howard Bashman



“Trump Asks Supreme Court to Block Release of Jan. 6 Records; The case is a constitutional clash on the scope of executive privilege and on whether a former president may invoke it when the current one has waived it”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Trump asks Supreme Court to withhold records from House Jan. 6 committee.”

David G. Savage of The Los Angeles Times reports that “Trump asks Supreme Court to shield his White House files from Congressional probe.”

Bart Jansen of USA Today reports that “Trump appeals to Supreme Court seeking to block release of Jan. 6 documents.”

You can access former President Donald J. Trump’s U.S. Supreme Court filing at this link.

Posted at 12:55 PM by Howard Bashman



“Roberts’ reference to memos of Blackmun on Roe v. Wade raises questions about SCOTUS justices’ private papers”: Mark Walsh of ABA Journal has this report.

Posted at 12:45 PM by Howard Bashman



Wednesday, December 22, 2021

“Supreme Court to Hold Special Hearing on Biden Vaccine Mandates; Challengers say vaccination or testing requirements at large employers and for health care workers were not authorized by Congress”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court sets special hearing for Biden’s vaccine rules for health-care workers, private businesses.”

David G. Savage of The Los Angeles Times reports that “Supreme Court agrees to decide on Biden’s vaccine mandate for hospitals, other employers.”

Brent Kendall of The Wall Street Journal reports that “Supreme Court Sets Oral Arguments on Biden Covid-19 Vaccine Rules; Justices will hold special sitting on Jan. 7 concerning rules for private employers, healthcare workers.”

John Fritze of USA Today reports that “Supreme Court to hear arguments in challenges to Biden vaccine-or-testing mandates on Jan. 7.”

And Victor Morton of The Washington Times reports that “Supreme Court to hear challenges to Biden vaccine mandates.”

You can access here and here this evening’s orders of the U.S. Supreme Court.

Posted at 8:17 PM by Howard Bashman



“The Truth About Stare Decisis: Justice Kavanaugh presented a view of precedent that centers on republican self-government.” Andy Smarick has this post at the “Law & Liberty” blog.

Posted at 5:42 PM by Howard Bashman