How Appealing



Friday, March 18, 2022

“Will Ketanji Brown Jackson Defend the Supreme Court’s Legitimacy? Senators should ask her view of court-packing, which Ginsburg and Breyer strongly opposed.” Adam J. White will have this op-ed in Saturday’s edition of The Wall Street Journal.

Posted at 7:48 PM by Howard Bashman



“American Bar Association rates Biden nominee Jackson ‘well qualified’ to serve on Supreme Court”: Veronica Stracqualursi of CNN has this report.

Posted at 3:25 PM by Howard Bashman



“The Great Republican Campaign to Erase Ketanji Brown Jackson; Instead of taking the Supreme Court nominee’s sterling record seriously, the GOP has opted for deflection”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 3:24 PM by Howard Bashman



“Josh Hawley’s latest attack on Ketanji Brown Jackson is genuinely nauseating; Hawley’s going to a place that decent people have the good sense not to go”: Ian Millhiser has this essay online at Vox.

Posted at 3:21 PM by Howard Bashman



“Ohio Republicans discussing impeachment of Chief Justice Maureen O’Connor after map ruling”: Haley BeMiller, Jessie Balmert, and Laura A. Bischoff of The Columbus Dispatch have this report.

Posted at 1:50 PM by Howard Bashman



“Dick Durbin, a low-key Senate veteran, to preside over Supreme Court hearings”: Nina Totenberg had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 1:05 PM by Howard Bashman



“How to get on the Supreme Court? Smile a lot, speak a little.” Darlene Superville of The Associated Press has this report.

Posted at 1:04 PM by Howard Bashman



“Does Textualism Defeat the Major Questions Doctrine?” Richard M. Re has this post at his “Re’s Judicata” blog.

Posted at 11:15 AM by Howard Bashman



Thursday, March 17, 2022

“Republicans struggle for an effective attack on Ketanji Brown Jackson; GOP senators have not agreed on a strategy for questioning the first Black woman to be nominated to the Supreme Court, or even whether they have a strategy”: Seung Min Kim of The Washington Post has this report.

Posted at 9:54 PM by Howard Bashman



“Former judiciary workers urge Congress to protect court employees from discrimination and harassment”: Ann E. Marimow of The Washington Post has this report.

Madison Alder of Bloomberg Law reports that “Ex-Defender Says Was ‘Vilified’ When She Reported Harassment.”

And Rose Wagner of Courthouse News Service reports that “Veterans of federal judiciary urge Congress to expand worker protections; Lawmakers are considering a bill that would better protect employees of the federal judiciary, but the system is stiffly opposed to the push for reforms.”

Posted at 7:44 PM by Howard Bashman



“Due Process and Our Ever-Expanding ‘Fundamental Rights’; Courts have no authority to discover ‘fundamental rights’ not already recognized by the law of the land”: Angus McClellan has this post at the “Law & Liberty” blog.

Posted at 7:38 PM by Howard Bashman



“Conservative judge urges U.S. judiciary to not hire Yale protesters as clerks”: Nate Raymond and Karen Sloan of Reuters have this report.

And Christine Charnosky of Law.com reports that “Federal Appeals Judge Suggests Yale Law Protesters ‘Should Be Disqualified for Potential Clerkships’; Last week, a group of Yale Law students protested an on-campus Federalist Society event featuring conservative speaker Kristen Waggoner; Now, a federal judge has suggested to colleagues that the protesters should be identified and potentially disqualified from federal clerkships.”

My earlier commentary about this news appeared on Twitter here and here.

Posted at 7:30 PM by Howard Bashman



“Republicans Push Crackdown on Crime Wave That Doesn’t Exist: Voter Fraud; Election fraud is exceedingly rare and often accidental; Still, G.O.P. lawmakers and prosecutors are promoting tough new enforcement efforts.” Reid J. Epstein and Nick Corasaniti of The New York Times have this report.

Posted at 2:36 PM by Howard Bashman



“The Question Juror No. 50 in Ghislaine Maxwell’s Trial Should Never Have Been Asked”: Tali Farhadian Weinstein has this guest essay online at The New York Times.

Posted at 2:33 PM by Howard Bashman



“‘Nothing but net’: A son’s personal reflections on the passing of ‘a lion of the law.'” Hampton Dellinger has this post at “The Pulse” blog of NC Policy Watch.

Posted at 11:53 AM by Howard Bashman



“Is Free Speech In American Law Schools A Lost Cause? Recent controversies at UC Hastings and Yale Law — Yale, shocking, I know — don’t provide much reason for hope.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:50 AM by Howard Bashman



“Clarence Thomas Is a Cancel Culture Guy Now; Clarence and Ginni Thomas have done more to undermine the Supreme Court’s credibility than anything they name as a threat to it”: Yvette Borja has this post at Balls and Strikes.

Posted at 11:48 AM by Howard Bashman



“Ketanji Brown Jackson’s Harvard ties scrutinized over affirmative action case; Judge Jackson’s membership on Harvard board prompts calls for recusal”: Devin Dwyer and Trish Turner of ABC News have this report.

Posted at 11:44 AM by Howard Bashman



“Following the Beat of the Court: The Supreme Court reporter Adam Liptak on his path to The Times, how he approaches covering the court and his daily routine.” Katie Van Syckle of The New York Times has this Times Insider interview with Adam Liptak.

Posted at 11:42 AM by Howard Bashman



“The Pandemic Brought New Levels of Transparency to the Supreme Court. Why End It? Real-time audio broadcasts of oral arguments have been a tremendous boon to our civic life and should be made permanent.” Matt Ford has this essay online at The New Republic.

Posted at 10:20 AM by Howard Bashman



“U.S. Supreme Court nominee Jackson a tough sell on racial-bias claims”: Andrew Chung and Lawrence Hurley of Reuters have this report.

Posted at 10:18 AM by Howard Bashman



“Law clerk details pregnancy discrimination claim after federal judge fired her 10 days before her baby was born”: Ann E. Marimow of The Washington Post has this report.

And Nate Raymond of Reuters reports that “Congress to hear from woman suing over judiciary’s harassment policies.”

At 10 a.m. eastern time today, the House Judiciary Committee‘s Subcommittee on Courts, Intellectual Property, and the Internet will hold a hearing titled “Workplace Protections for Federal Judiciary Employees: Flaws in the Current System and the Need for Statutory Change.”

The hearing will be live-streamed on YouTube via this link.

Posted at 9:03 AM by Howard Bashman



Wednesday, March 16, 2022

“Colleges Should Be Grateful for ‘Zoom School’ Lawsuits; Universities are being sued over Covid-era online classes; They’d do better to admit that the on-campus experience is worth more”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 11:02 PM by Howard Bashman



“Idaho’s New Anti-Abortion Law Offers Cash Bounties to Rapists’ Family Members; Borrowing from Texas’ playbook, state lawmakers have crafted an even crueler anti-abortion measure in anticipation of Roe‘s demise”: Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate.

Posted at 10:58 PM by Howard Bashman



“Alabama’s first Black federal judge won’t testify against Ketanji Brown Jackson, Biden’s Supreme Court nominee”: Greg Garrison of The Birmingham News has this report.

Posted at 9:22 PM by Howard Bashman



“Ken Paxton wants Supreme Court reversal on immigration, giving Texas more sway in border fight”: Jasper Scherer of The Houston Chronicle has this report.

Posted at 9:11 PM by Howard Bashman