How Appealing



Monday, September 13, 2021

“Supreme Court Justice Stephen Breyer Feels Partisan Push to Retire; The 83-year-old justice, part of a shrunken liberal minority at a possibly brief moment of Democratic control, says his decision on the matter will take in many considerations”: Jess Bravin of The Wall Street Journal has this report.

Posted at 12:55 PM by Howard Bashman



Sunday, September 12, 2021

“9/11 Made the Media Whitewash What Really Happened in Bush v. Gore“: Jonathan Chait has this post at the “Intelligencer” blog of New York magazine.

Posted at 10:10 PM by Howard Bashman



“The Texas Abortion Law Is Unconventional Because It Had to Be; After Roe v. Wade, many people think abortion is off limits to democracy; It isn’t”: Texas State Senator Bryan Hughes (R-Dist. 1) will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 10:00 PM by Howard Bashman



“Please Stay Chatty, Justice Thomas; As the Supreme Court quits virtual arguments, we hope he speaks up”: The Wall Street Journal has published this editorial.

Posted at 9:54 PM by Howard Bashman



“‘Lifelong consequences’: What happens to people who can’t get abortions; One study found that people who were denied an abortion had almost four times greater odds of being below the federal poverty level.” Chloe Atkins of NBC News has this report.

Posted at 9:42 PM by Howard Bashman



“Trump’s Judges Are Playing A Huge Role In Upholding Anti-Abortion Laws Across The Country; Judges nominated by Donald Trump have staked out strong anti-abortion stances in their short time on the bench”: Zoe Tillman of BuzzFeed News has this report.

Posted at 8:54 PM by Howard Bashman



“As Abortion Rights Expand, the U.S. Joins a Handful of Telling Exceptions; Recent shifts on access to abortion suggest democracy and women’s rights go hand in hand — and that the inverse might be true as well”: Max Fisher had this article in Friday’s edition of The New York Times.

Posted at 8:50 PM by Howard Bashman



“Ruth Bader Ginsburg’s headstone revealed ahead of one-year anniversary of death”: Jackie Salo of The New York Post has this report.

Posted at 8:00 PM by Howard Bashman



“Behind the Texas Abortion Law, a Persevering Conservative Lawyer; Jonathan Mitchell has never had a high profile in the anti-abortion movement, but he developed and promoted the legal approach that has flummoxed the courts and enraged abortion rights supporters”: Michael S. Schmidt has this front page article in today’s edition of The New York Times.

Posted at 6:52 PM by Howard Bashman



“If the Police Lie, Should They Be Held Liable? Often the Answer Is No. Federal agents and police officers who work with them are often immune from lawsuits, even for serious rights violations. The Supreme Court is being asked to re-evaluate that.” Shaila Dewan has this article in today’s edition of The New York Times.

Posted at 6:14 PM by Howard Bashman



Saturday, September 11, 2021

“Worse Than Texas: S.B. 8 will eventually be defeated but not the six conservatives on the Supreme Court.” Jay Michaelson has this post at the “Intelligencer” blog of New York magazine.

Posted at 10:22 AM by Howard Bashman



“Not one vigilante lawsuit yet, but new Texas law has cut abortion to a trickle and kept courts busy; Justice Department effort to block SB 8 is one of many legal skirmishes as law deters clinics and shuts out pregnant women”: Todd J. Gillman has this front page article in today’s edition of The Dallas Morning News.

And online at The New Republic, Jason Linkins has a post titled “Why Would Corporate America Save Reproductive Rights? Major U.S. companies apparently don’t see Texas’s abortion ban as an economic threat.”

Posted at 10:10 AM by Howard Bashman



“Why a deadly 1894 railroad strike may be key to DOJ’s Texas abortion law challenge”: Alison Frankel has this essay online at Reuters.

Posted at 10:06 AM by Howard Bashman



“Moussaoui case judge says terror trials should be held in U.S. courts; U.S. District Judge Leonie Brinkema and others are critical of the military’s failure to try 9/11 defendants after 20 years”: Tom Jackman has this article in today’s edition of The Washington Post.

Posted at 10:04 AM by Howard Bashman



“Vaccine Resisters Seek Religious Exemptions. But What Counts as Religious? Major denominations are essentially unanimous in their support of the vaccines against Covid-19, but individuals who object are citing their personal faith for support.” Ruth Graham of The New York Times has this report.

Posted at 9:58 AM by Howard Bashman



“Biden Tests Limits of Presidential Power in Pushing Vaccinations; White House officials said the president was ‘committed to pulling every lever possible’ in the fight against the pandemic”: Michael D. Shear and Noam Scheiber have this article in today’s edition of The New York Times.

In commentary, online at The New York Times, Robby Soave has a guest essay titled “Biden’s Vaccine Mandate Is a Big Mistake.”

And online at The Washington Post, columnist Henry Olsen has an essay titled “Biden’s covid vaccine mandates are unconstitutional — and unnecessary.”

Posted at 9:54 AM by Howard Bashman



Friday, September 10, 2021

“Breyer’s airbrushed portrayal of the judicial process”: Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 9:45 PM by Howard Bashman



“The Texas Abortion Law Sleeper Issue: It Limits Access to Counsel.” Leah Godesky and Kendall Turner have this essay online at Bloomberg Law.

Posted at 7:34 PM by Howard Bashman



“Tennessee’s strict new abortion law will remain blocked, federal appeals court rules”: Mariah Timms of The Tennessean has this report.

Jonathan Matisse of The Associated Press reports that “Appeals court blocks Tennessee Down syndrome abortion ban.”

Celine Castronuovo of The Hill reports that “Federal appeals court rules against Tennessee abortion bans.”

Rosana Hughes of Courthouse News Service reports that “Sixth Circuit upholds block of Tennessee abortion ban; The appeals court affirmed an injunction blocking a law that bans abortion after six weeks or if the procedure is motivated by the fetus’ sex, race or a Down syndrome diagnosis.”

And at Law & Crime, Elura Nanos has a post titled “Circuit Judge Who Was on Trump’s SCOTUS Shortlist Reluctantly Blocks Tennessee Abortion Law, But Urges High Court to Overturn ‘Wrong’ Roe v. Wade Precedent.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Sixth Circuit at this link.

Posted at 7:28 PM by Howard Bashman



“Federal judge who faced psych exam over ‘antisocial’ behavior says order was unconstitutional; U.S. District Judge John R. Adams must convince the D.C. Circuit that his reputation remains bruised, even after a psychiatric evaluation found no diagnosable mental disorder and the Judicial Council put the case to bed”: Samantha Hawkins of Courthouse New Service has this report.

And Jacqueline Thomsen of The National Law Journal reports that “Ketanji Brown Jackson, in DC Circuit Start, Questions Whether to Revive a Judge’s Lawsuit Over Ordered Psych Exam; Jackson, recently confirmed to the D.C. Circuit, was on a panel considering whether to allow a federal judge to sue over a misconduct finding that included a requirement he undergo a psychiatric examination.”

You can access the audio of yesterday’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link.

Posted at 2:44 PM by Howard Bashman



“The Biden Administration’s Latest Slate Of Judicial Nominees; Will judges end up being President Biden’s greatest accomplishment while in office?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 2:30 PM by Howard Bashman



“Defying the Supreme Court is in fashion, and Democrats love it”: Columnist George F. Will has this essay online at The Washington Post.

Posted at 2:10 PM by Howard Bashman



“Some Not Very Focused Preliminary Thoughts About the Shadow Docket (But Leading Up to Some Fundamentals about Constitutional Law)”: Mark Tushnet has this post at the “Balkinization” blog.

Posted at 8:50 AM by Howard Bashman



Thursday, September 9, 2021

“U.S. Supreme Court Justice Amy Coney Barrett returns to ND Law to teach intensive course on statutory interpretation”: Denise Wager of the Notre Dame Law School has this report.

Posted at 10:00 PM by Howard Bashman



“Mexico’s Supreme Court rules right to life from conception is unconstitutional”: Cassandra Garrison of Reuters has a report that begins, “Mexico’s supreme court ruled on Thursday that the protection of ‘life from conception’ was unconstitutional, doubling down on its decision earlier this week that abortion was not a crime.”

Posted at 9:54 PM by Howard Bashman



“Will Justice Thomas clam up again when the Supreme Court goes back to in-person arguments? Thomas asking questions at oral arguments is one part of pandemic that many liked.” Tyler Olson of Fox News has this report.

Posted at 9:50 PM by Howard Bashman



“A Modest Proposal: Extend Ex Parte Young to Cover the Likes of Texas Bounty Hunters”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 9:35 PM by Howard Bashman