How Appealing



Thursday, February 10, 2022

“Reversal Rates Imperfect Tool for Judging Supreme Court Nominees”: Kimberly Strawbridge Robinson and Jordan S. Rubin of Bloomberg Law have this report.

Posted at 11:56 AM by Howard Bashman



“U.S. Sens. Ossoff, Warnock embrace opportunity to diversify Supreme Court”: Tia Mitchell of The Atlanta Journal-Constitution has this report.

Posted at 11:07 AM by Howard Bashman



“Biden’s SCOTUS Pledge Is a Model of How Affirmative Action Should Work; The president is showing how to correct historic exclusion — and why the Supreme Court should be part of the solution”: Law professor Sheryll Cashin has this essay online at Politico Magazine.

Posted at 11:05 AM by Howard Bashman



“Black female lawmakers warn against pitting Supreme Court candidates against each other; At the forefront of their minds: Making sure the eventual nominee is not tainted by Democratic infighting ahead of expected GOP attacks on her qualifications and judicial philosophy.” Marianna Sotomayor of The Washington Post has this report.

Posted at 10:58 AM by Howard Bashman



“Georgia Senate votes to put statue of Clarence Thomas on Capitol grounds”: Maya T. Prabhu of The Atlanta Journal-Constitution has this report.

Posted at 10:56 AM by Howard Bashman



“Georgetown lecturer Ilya Shapiro hopes Supreme Court tweet controversy helps ‘broken’ political discourse; Public debate is clearly broken in the United States, Shapiro says”: David Rutz of Fox News has this report.

Posted at 10:54 AM by Howard Bashman



“Justice Sotomayor Sees ‘Crisis’ as Judicial Philosophies Become ‘Slogans’ for Political Platforms; ‘As norms in the nomination process are broken, as more senators, local politicians and media question the legitimacy of the court, many of them heap scorn on the court,’ the justice said”: Marcia Coyle of The National Law Journal has this report.

Kimberly Strawbridge Robinson of Bloomberg Law reports that “Sotomayor Warns Confirmation Battles Risk Undermining Courts.”

And Jimmy Hoover of Law360 has a report headlined “Sotomayor: Judging And Politics Now ‘Tightly Interwoven.’

Posted at 10:50 AM by Howard Bashman



“Supreme Court justices insist all is well, but their caustic written opinions say otherwise”: Ariane de Vogue of CNN has this report.

Posted at 10:42 AM by Howard Bashman



Wednesday, February 9, 2022

“5th Circuit Judge Gregg Costa to Return to Private Practice, Saying He’s ‘Better Suited to Being an Advocate’; Judge Gregg Costa is resigning from the U.S. Court of Appeals for the Fifth Circuit in August”: Avalon Zoppo has this report online at Texas Lawyer.

According to the article, “The 49-year-old jurist said he plans to return to private practice with a broad focus on civil and criminal work at the trial court level.”

Posted at 8:24 PM by Howard Bashman



“A Product of Public Universities, Michelle Childs Would Be an Unconventional Court Pick; The judge is seen by some as a long shot for the Supreme Court, but supporters say her bipartisan backing and the appeal of her humble ascent should not be overlooked”: Erica L. Green and Rick Rojas of The New York Times have this report.

Posted at 7:55 PM by Howard Bashman



“The Supreme Court Is Even More Conservative Than You Think: Long before the 6–3 court hands down rulings, the cases it chooses to hear have a tidal effect on the nation’s ideological drift.” Matt Ford has this essay online at The New Republic.

Posted at 7:44 PM by Howard Bashman



“The Biden Appointee Who Could Change the Constitution: How hard is it to amend the Constitution? Even harder than you think.” Russell Berman of The Atlantic has this report.

Posted at 7:42 PM by Howard Bashman



“Intolerant Lawyers Shouldn’t Be Judges: Law school deans, faculty and students who stifle opposing views are unfit ever to sit on the bench.” Law professor Philip Hamburger will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 5:46 PM by Howard Bashman



“Every Supreme Court Nominee Deserves Firm Opposition; The Republicans’ informal plan to avoid a battle over the president’s choice would deprive them of the chance to debate the justices’ proper role”: Ramesh Ponnuru recently had this essay online at Bloomberg Opinion.

Posted at 1:24 PM by Howard Bashman



“The Amazing Vanishing Bill of Rights: The Constitution’s first ten amendments are supposed to protect criminal defendants from the government; The Supreme Court has ensured that they barely protect anybody from anything.” Zeke Webster has this post at Balls and Strikes.

Posted at 1:04 PM by Howard Bashman



“Clarence and Ginni Thomas, the Supreme Court’s Unethical ‘It’ Couple: How the Thomases have been able to get away with their decades long abuse of influence.” Elie Mystal has this essay online at The Nation.

Posted at 1:02 PM by Howard Bashman



“How to Lose a Supreme Court Nominee in 24 Days: As Biden weighs his own appointment, Harriet Miers’ sherpa recalls her doomed bid for the court.” Marianne LeVine has this interview with Dan Coats online at Politico Magazine.

Posted at 11:32 AM by Howard Bashman



“Roberts’s Grip Slips as Supreme Court Conservatives Curb Voting Rights; Chief justice sided with liberals in Alabama voting map case; Conservative majority pushes bold changes on race, abortion”: Greg Stohr of Bloomberg News has this report.

Posted at 11:30 AM by Howard Bashman



“Why this California judge should be Biden’s Supreme Court pick”: Online at CNN, Greg Wolff has an essay that begins, “The most impressive thing about California Supreme Court Justice Leondra Kruger, a potential contender for the US Supreme Court, is that she’s not trying to impress anyone.”

Posted at 11:28 AM by Howard Bashman



“White House begins reaching out to potential Supreme Court nominees as Biden pores over ‘binders of cases'”: Ariane de Vogue, John Harwood, Joan Biskupic, and Betsy Klein of CNN have this report.

Posted at 11:26 AM by Howard Bashman



“Potential Supreme Court nominee faces questions on religious rights case”: Robert Barnes of The Washington Post has this report.

Posted at 11:15 AM by Howard Bashman



“‘I Don’t Know What the Truth Is Here’: The phrase Sarah Palin’s lawyers can’t stop quoting at the New York Times trial.” Seth Stevenson has this jurisprudence essay online at Slate.

Posted at 9:58 AM by Howard Bashman



“Do Equality Norms Constrain Presidential Appointments?” Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 9:52 AM by Howard Bashman



“Left splits over Supreme Court pick pushed by top Biden ally; Rep. Jim Clyburn is stumping for judge Michelle Childs to get the president’s nod; While labor interests are skeptical, not every progressive senator is”: Burgess Everett and Laura Barrón-López of Politico have this report.

Posted at 9:48 AM by Howard Bashman



Tuesday, February 8, 2022

“Beltway sniper Lee Boyd Malvo seeks new sentencing hearing in Maryland; Malvo was sentenced to 10 life terms in Maryland and Virginia for the 2002 attacks”: Paul Duggan of The Washington Post has this report.

And Brian Witte of The Associated Press reports that “Maryland court hears case seeking new sentence for DC sniper.”

You can view via this link the video of today’s oral argument before the Court of Appeals of Maryland, that state’s highest court.

Posted at 9:42 PM by Howard Bashman



“When nominating judges gets more political, filling seats requires strategy; Presidents are increasingly avoiding filling vacancies in states held by the opposition party during their first year in office”: Rose Wagner of Courthouse News Service has this report.

Posted at 9:37 PM by Howard Bashman



“Racial Gerrymanders at the Supreme Court: Does the law command proportional representation by race?” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 9:10 PM by Howard Bashman



“Biden will lean into his long tenure as a senator to fill Supreme Court vacancy”: Scott Detrow had this audio segment on today’s broadcast of NPR’s “Morning Edition.”

Posted at 3:48 PM by Howard Bashman



“A California lawyer tweeted what she saw in immigration court. The DOJ demanded she delete it.” Tal Kopan of The San Francisco Chronicle has this report.

Posted at 2:05 PM by Howard Bashman



“Why Biden’s judges are different — and what that means for the Supreme Court; Public defenders and civil rights lawyers, often kept out of the judiciary, have been front and center in Biden’s judicial picks”: Chris Geidner of Grid has this report.

Posted at 2:02 PM by Howard Bashman