How Appealing



Monday, March 21, 2022

“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



Saturday, March 19, 2022

“Federal judges have already begun to drift away from hiring Yale Law clerks”: Derek T. Muller has this post at his blog, “Excess of Democracy.”

Posted at 9:20 PM by Howard Bashman



“Ketanji Brown Jackson’s story is a triumph of American progress”: Philippa Scarlett has this essay online at The Hill.

Posted at 1:46 PM by Howard Bashman



“Judge rules Kim Davis violated couples’ rights. Jury to decide if she’ll pay damages.” Morgan Watkins of The Louisville Courier Journal has this report.

Bill Estep of The Lexington Herald-Leader reports that “Former KY clerk violated rights of same-sex couples by refusing marriage licenses, judge rules.”

Jonathan Mattise of The Associated Press has a report headlined “Judge: Same-sex marriage license denials violated rights.”

Brad Dress of The Hill reports that “Judge finds that ex-county clerk Kim Davis violated same-sex couples’ constitutional rights.”

And David Wells of Courthouse News Service reports that “Judge finds Kim Davis violated the rights of same-sex couples; The refusal of Rowan County’s former clerk to issue marriage licenses to same-sex couples has embroiled her in legal battles since 2015.”

You can access yesterday’s ruling of the U.S. District Court for the Eastern District of Kentucky at this link.

Posted at 1:40 PM by Howard Bashman



“How low will the GOP go in taking on Ketanji Brown Jackson? Josh Hawley lets us know.” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 1:22 PM by Howard Bashman



Friday, March 18, 2022

“Tobacco industry gets a win at the Florida Supreme Court; Siding with R.J. Reynolds Tobacco Co., the court said plaintiffs must show that smokers relied on misleading information from cigarette makers to prevail on the claims”: Jim Saunders of News Service of Florida has this report on a ruling that the Supreme Court of Florida issued yesterday.

Posted at 9:28 PM by Howard Bashman