How Appealing



Tuesday, March 22, 2022

“From Federal Judge To . . . Romance Novelist? Judge J. Harvie Wilkinson — esteemed jurist, former SCOTUS shortlister, feeder judge extraordinaire — opens up about his latest, rather unorthodox project.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:54 AM by Howard Bashman



Monday, March 21, 2022

“Ketanji Brown Jackson Has Republican Senators Sounding Shook; Monday’s opening statements do not bode well for lawmakers intent on opposing Jackson’s confirmation”: Yvette Borja has this post at Balls and Strikes.

Posted at 10:12 PM by Howard Bashman



“The Long Arc of Ketanji Brown Jackson: Justice Thomas’s hospitalization is a reminder of the stakes at the Supreme Court.” This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 10:05 PM by Howard Bashman



“What we know about Justice Clarence Thomas’ hospitalization”: Jessica Gresko and Mark Sherman of The Associated Press have this report.

Posted at 10:03 PM by Howard Bashman



“Appeals court rules letter that allegedly shows MLB hid Yankees’ sign stealing should be unsealed”: Brendan Kuty of The Newark (N.J.) Star-Ledger has this report.

Ronald Blum of The Associated Press reports that “Appeals court orders Manfred letter to Yankees unsealed.”

Jonathan Stempel of Reuters reports that “DraftKings bettors lose appeal over Astros, Red Sox baseball sign-stealing.”

Peter Hayes of Bloomberg Law reports that “MLB, Astros, Red Sox Win DraftKings Players Sign Stealing Appeal.”

And Josh Russell of Courthouse News Service has an article headlined “End of the road for disgruntled fantasy sports players suing MLB; General awareness of corruption in professional sports forecloses baseball fans from suing over the 2017 cheating scandal.”

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

Posted at 10:00 PM by Howard Bashman



“Texas’s strict new abortion law has eluded multiple court challenges; Abortion rights advocates think they have a new path to get it blocked; The new strategy is a response to attacks by antiabortion groups on organizations raising money to help low-income patients get access to abortions”: Caroline Kitchener of The Washington Post has this report.

Posted at 9:10 PM by Howard Bashman



“Jackson Vows to Be Independent on Supreme Court if Confirmed; On the first day of Judge Ketanji Brown Jackson’s confirmation hearings, Republican senators began previewing attack lines accusing her of being soft on crime”: Katie Rogers of The New York Times has this report. And Linda Qiu of The New York Times reports that “Attacks on Judge Jackson’s Record on Child Sexual Abuse Cases Are Misleading; Republican lawmakers criticizing the Supreme Court nominee have taken the judge’s remarks and sentencing decisions out of context, distorting her record.”

Seung Min Kim, Ann E. Marimow, and Aaron C. Davis of The Washington Post report that “Ketanji Brown Jackson pledges independence and neutrality in Supreme Court confirmation hearing.”

David G. Savage and Nolan D. McCaskill of The Los Angeles Times report that “Supreme Court nominee Ketanji Jackson vows to defend the Constitution and equal justice under law.”

Jess Bravin of The Wall Street Journal reports that “Ketanji Brown Jackson Stresses Continuity at Supreme Court; Biden’s first nominee for high court cites Justice Breyer as role model after senators aired partisan differences at her confirmation hearings.”

Alex Swoyer and Stephen Dinan of The Washington Times report that “Judge Jackson makes early overtures to Republicans during confirmation hearing; Supreme Court nominee tries to preempt arguments that she would be an activist liberal voice on bench.”

And Josh Gerstein and Marianne LeVine of Politico report that “Kavanaugh tensions simmer behind low-key opening to Jackson hearings; Republicans plan to press the Supreme Court pick on child pornography sentencing and court expansion; And they’re clearly not over previous judicial wounds.”

Posted at 9:06 PM by Howard Bashman



“Republicans are right to oppose Ketanji Brown Jackson”: Columnist Henry Olsen has this essay online at The Washington Post.

Posted at 5:22 PM by Howard Bashman



“An Open Letter To Yale Law Dean Heather Gerken: As dean, it’s better to be feared than loved — and it’s time to strike fear into the hearts of free-speech opponents.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 3:24 PM by Howard Bashman



“After Three Rounds, Judge Jackson Knows the Confirmation Playbook; In her Supreme Court confirmation hearings this week, the judge will draw on her earlier experiences and those of her predecessors”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 11:38 AM by Howard Bashman



“One Public Defender Supreme Court Justice Is Not Enough; The confirmation of Ketanji Brown Jackson to the Supreme Court could help re-shuffle the legal profession’s prestige hierarchy, which treats prosecution as synonymous with the concept of ‘doing justice'”: Emily Galvin-Almanza has this post at Balls and Strikes.

Posted at 10:52 AM by Howard Bashman



“Ex-law clerk who told Congress judge fired her over pregnancy loses appeal”: Nate Raymond of Reuters has this report on a decision that the Judicial Council of the Eleventh Circuit issued last Thursday.

Posted at 10:22 AM by Howard Bashman



“Starting a Difficult Conversation: Is it Time to Consider Ignoring the Supreme Court and What That Might Look Like.” Eric Segall has this blog post at “Dorf on Law.”

Posted at 10:17 AM by Howard Bashman



Access today’s Order List of the U.S. Supreme Court: At this link. The Court did not grant review in any new cases.

And in Seattle’s Union Gospel Mission v. Woods, No. 21-144, Justice Samuel A. Alito, Jr. issued a statement, in which Justice Clarence Thomas joined, respecting the denial of certiorari.

Posted at 9:31 AM by Howard Bashman



“What Ketanji Brown Jackson might be grilled about in her Supreme Court confirmation hearings”: Tierney Sneed and Ariane de Vogue of CNN have this report.

Marisa Schultz of Fox News reports that “Senate confirmation hearings to begin for Biden’s Supreme Court pick Judge Ketanji Brown Jackson; Four days of hearings are scheduled for the Senate Judiciary Committee from March 21-25.”

And Josh Gerstein and Marianne LeVine of Politico have an article headlined “What to watch for as Ketanji Brown Jackson’s Supreme Court hearings kick off; Republicans are expected to press the judge on affirmative action, child pornography sentencing and expanding the court.”

Posted at 9:27 AM by Howard Bashman



Sunday, March 20, 2022

“Ketanji Brown Jackson, Guantanamo and the Role of Defense Attorneys”: Benjamin Wittes has this post at the “Lawfare” blog.

Posted at 10:07 PM by Howard Bashman



“The Court Ketanji Brown Jackson Knew: Her experience more than two decades ago as Stephen Breyer’s clerk suggests that much about the current Court will be familiar to her.” Linda Greenhouse has this essay online at The Atlantic.

Posted at 9:48 PM by Howard Bashman



“Yale Law Students for Censorship: Maybe those who try to shout down speakers shouldn’t get judicial clerkships.” This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:44 PM by Howard Bashman



“Ketanji Brown Jackson Has One Last Obstacle to the Supreme Court: Those Hearings; Biden’s nominee for the court could be the nation’s first Black woman justice if she avoids missteps during Senate hearings that start Monday.” Greg Stohr of Bloomberg News has this report.

Posted at 8:42 PM by Howard Bashman



“At Harvard, Ketanji Brown Jackson Fought Injustices but Kept a Steely Academic Focus”: Erica L. Green of The New York Times has this report.

Carl Hulse of The New York Times reports that “On Eve of Confirmation Hearings, G.O.P. Steps Up Attacks on Jackson; The White House and Democrats have pushed back hard against new claims that the judge was overly lenient in certain cases, calling them a smear.”

Robert Barnes and Ann E. Marimow of The Washington Post have an article headlined “Ahead of Supreme Court confirmation hearing, Ketanji Brown Jackson’s stances on key issues; The federal judge has not ruled on some issues but has a track record on other topics before the high court.”

Craig Timberg of The Washington Post reports that “Durbin defends Supreme Court nominee Jackson’s record on child pornography; Hawley has questioned the judge over her sentencing rulings, but independent fact-checkers have slammed the claims.”

Ken Thomas and Siobhan Hughes of The Wall Street Journal report that “Ketanji Brown Jackson’s Hearings to Focus on Legal Experience, Record on Crime; Republicans say confirmation hearings will probe Supreme Court nominee’s work as a public defender.”

And Dave Boyer of The Washington Times reports that “Accusations of leniency in child porn cases preface Jackson’s Supreme Court confirmation hearings.”

Posted at 8:32 PM by Howard Bashman



“The 9/11 Trial: Why Are Plea Bargain Talks Underway? New leadership, an ever receding trial date and pressure to disclose more information about the C.I.A. torture of the accused plotters all contribute.” Carol Rosenberg of The New York Times has this report.

Posted at 8:15 PM by Howard Bashman



“Judicial Notice (03.19.22): Long, Long Covid; A young lawyer’s tragic passing, a generous new Biglaw benefit, 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



“Jackson supporters gear up to protect her historic Supreme Court bid from racist, sexist attacks”: Nolan D. McCaskill has this article in today’s edition of The Los Angeles Times.

Mark Sherman and Mary Clare Jalonick of The Associated Press report that “History-making Jackson set for Senate hearing for high court.” And Jalonick has a report headlined “What to watch as Jackson’s Supreme Court hearings begin.”

Devin Dwyer of ABC News reports that “Historic Senate hearing set on Ketanji Brown Jackson Supreme Court nomination; Week of proceedings could make or break GOP support for her confirmation.”

Harper Neidig of The Hill reports that “Criminal justice reformers rally for first public defender on Supreme Court.” And Joseph Choi of The Hill reports that “McConnell says he hasn’t made a final decision on confirming Ketanji Brown Jackson.”

Li Zhou of Vox reports that “Ketanji Brown Jackson’s confirmation hearing will be a forum for political attacks; Republicans have already used her nomination to go after Democrats for being too ‘radical.’

And Lesley Clark of Climatewire reports that “Biden Supreme Court nominee faces big climate questions.”

Posted at 1:22 PM by Howard Bashman



“Scalia’s Ghost Is Haunting Conservative Justices; The late Supreme Court giant united his philosophical heirs behind theories of originalism and textualism; Now those ideas are becoming a source of conflict”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:10 PM by Howard Bashman



“How Ketanji Brown Jackson’s path to the Supreme Court differs from the current justices”: Adrian Blanco and Shelly Tan of The Washington Post have this report.

Posted at 1:08 PM by Howard Bashman



“The Senate’s Supreme Court peacekeeper prepares for his moment; He waited 39 years for a committee gavel; Now the famously even-tempered Dick Durbin gets what may be his only chance to confirm a justice”: Marianne LeVine and Burgess Everett of Politico have this report.

Posted at 12:58 PM by Howard Bashman



“Ginni Thomas thinks she’s important. She’s not.” Columnist Kathleen Parker has this op-ed in today’s edition of The Washington Post.

Posted at 12:52 PM by Howard Bashman