How Appealing



Thursday, September 9, 2021

“StarKist, amici push standing arguments to en banc 9th Circ. in class cert challenge”: Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 9:20 PM by Howard Bashman



“Inside Missouri’s ‘2nd Amendment Sanctuary’ Fight: A new law puts Missouri at the vanguard of states challenging federal authority on guns; It began as a backlash, and it has set off another.” Glenn Thrush will have this article in Friday’s edition of The New York Times.

Posted at 8:27 PM by Howard Bashman



“Merrick Garland’s Texas Two-Step; The AG files a lawsuit as dubious as the abortion law he wants to stop”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:24 PM by Howard Bashman



“Portlandia vs. Texas; Welcome back to life under the Articles of Confederation”: This editorial appears in today’s edition of The Wall Street Journal.

Posted at 7:58 PM by Howard Bashman



“Biden Administration Sues Texas Over Its Abortion Law; Lawsuit targets state law limiting procedure to first six weeks of pregnancy”: Sadie Gurman and Brent Kendall of The Wall Street Journal have this report.

The New York Times has posted online a copy of the complaint initiating suit at this link.

Posted at 3:35 PM by Howard Bashman



Wednesday, September 8, 2021

“Biden Administration Prepares to Sue Texas Over Abortion Law; Lawsuit challenging restrictions limiting procedure to first six weeks of pregnancy set to be filed in coming days”: Sadie Gurman of The Wall Street Journal has this report.

Posted at 10:22 PM by Howard Bashman



“Justice Gorsuch Tears Up Oklahoma; His 5-4 McGirt opinion is causing havoc in the Sooner State”: This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 10:18 PM by Howard Bashman



“Supreme Court Stays Execution in Dispute Over Pastor’s Role in Death Chamber; The ruling was the latest in a string of decisions on the role that spiritual advisers may play in death row inmates’ final moments”: Adam Liptak of The New York Times has this report on an order that the U.S. Supreme Court issued tonight.

Posted at 10:12 PM by Howard Bashman



“Supreme Court ends subpoena fight, denying AG’s request for rehearing; Unanimous order says the Legislature raised no new points in its filing”: Darrell Ehrlick of The Daily Montanan has a report that begins, “In a shorter, but no less strident order, the Montana Supreme Court denied a petition by the state’s attorney general and legislature to rehear the case concerning subpoenas lawmakers issued to the Courts Administrator Beth McLaughlin requiring thousands of her emails.”

You can access yesterday’s order of the Supreme Court of Montana at this link.

Posted at 10:05 PM by Howard Bashman



“Four Cert Petitions Filed in Texas v. Haaland [Brackeen ICWA Case]”: Kate Fort recently had this post at the “Turtle Talk” blog linking to the four petitions for writ of certiorari.

The Associated Press reports that “Tribes, states seek review of Native child adoptions case.”

This week’s new installment of season two of the “This Land” podcast, focusing on the efforts to invalidate the Indian Child Welfare Act, is titled “Supply And Demand.”

Allison Herrera of NPR affiliate KOSU reports that “New Season Of ‘This Land’ Podcast Explores Efforts To Dismantle The Indian Child Welfare Act.”

And Tripp Crouse of NPR affiliate KNBA reports that “‘This Land’ podcast unravels complexity of child welfare in Indian Country in its second season.

Posted at 9:57 PM by Howard Bashman



“Fighting Texas abortion law could be tough for federal gov’t”: Lindsay Whitehurst and Michael Balsamo of The Associated Press have this report.

Posted at 9:48 PM by Howard Bashman



“US Supreme Court Justice’s Visit to UW Canceled”: Yesterday, the University of Wyoming issued a news release that begins, “United States Supreme Court Associate Justice Neil Gorsuch’s scheduled visit to the University of Wyoming College of Law and campus Sept. 16 has been canceled.”

Posted at 9:40 PM by Howard Bashman



“Democrats have a high-risk, high-reward plan to save Roe v. Wade; The Women’s Health Protection Act, explained”: Ian Millhiser has this essay online at Vox.

Posted at 9:36 PM by Howard Bashman



“Republicans Don’t Actually Want Roe v. Wade to End This Way; GOP politicians appear terrified of Texas’ abortion ban; The Supreme Court should take note”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 9:34 PM by Howard Bashman



“The Texas abortion law provides a blueprint for bans on speech, guns; As Chief Justice John Roberts wrote in his dissent to the court’s conservative 5-4 majority, it could be a ‘model for action in other areas'”: David Mastio has this essay online at USA Today.

Posted at 9:22 PM by Howard Bashman



“Biden nominates three Ninth Circuit appeals court judges, ending rightward shift”: Bob Egelko of The San Francisco Chronicle has this report.

Alex Swoyer of The Washington Times reports that “Biden names eight federal judges, three for the 9th Circuit.”

Nate Raymond of Reuters reports that “Biden’s newest judicial nominees include three to 9th Circuit.”

Mike Memoli of NBC News reports that “Biden expected to nominate historically diverse group, including 3 Latinos, for federal judgeships; The president is pushing to broaden the makeup of the federal judiciary.”

Morgan Chalfant of The Hill reports that “Biden nominates three Latinos to the federal bench.”

And Pamela King of Greenwire reports that “Biden taps 3 judges to prominent West Coast court.”

The White House today issued a news release titled “President Biden Names Seventh Round of Judicial Nominees.”

Posted at 9:18 PM by Howard Bashman



“Supreme Court Will Return to Its Courtroom Next Month; The public will not be allowed in, but the court will continue to provide live audio of arguments”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court to resume in-person hearings, but building still closed to public.”

And John Fritze of USA Today reports that “Supreme Court to resume in-person oral arguments this fall after going virtual for COVID-19.”

Today, the U.S. Supreme Court‘s Public Information Office issued this “Press Release Regarding Upcoming Oral Argument Sessions.”

Posted at 9:10 PM by Howard Bashman



“The Surprisingly Strong Supreme Court Precedent Supporting Vaccine Mandates; In 1905, the high court made a fateful ruling with eerie parallels to today: One person’s liberty can’t trump everyone else’s.” Peter S. Canellos and Joel Lau have this article online at Politico Magazine.

Posted at 9:00 PM by Howard Bashman



Tuesday, September 7, 2021

“111 Alumni To Clerk in 2021, Setting a School Record; Number of Clerks Hits Milestone for Third Straight Year”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 9:10 PM by Howard Bashman



“‘The Authority of the Court and the Peril of Politics’ Review: On Judicial Supremacy; In the text of a notable lecture, Justice Stephen Breyer explores judicial power, the rule of law and the role of the judiciary in the American polity.” Bryan A. Garner will have this review of Justice Stephen G. Breyer’s newest book, “The Authority of the Court and the Peril of Politics,” in Friday’s edition of The Wall Street Journal.

Posted at 8:09 PM by Howard Bashman



“D.C. Circuit Review — Reviewed: Version 2.0.” Aaron L. Nielson has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:06 PM by Howard Bashman



“One tactic to stop abortion bounty hunters from demolishing women’s constitutional rights”: Columnist Jennifer Rubin has this essay online at The Washington Post.

Posted at 8:04 PM by Howard Bashman



“Texas Could Not Get Away With This Absent SCOTUS-Created Limits On Constitutional Adjudication”: Michael C. Dorf has this post at “Dorf on Law.”

Posted at 8:02 PM by Howard Bashman



“Mexico’s Supreme Court Votes to Decriminalize Abortion; The ruling, which sets a precedent for the legalization of abortion nationwide, follows years of efforts by a growing women’s movement in Mexico”: Natalie Kitroeff and Oscar Lopez of The New York Times have this report.

Mary Beth Sheridan and Alejandra Ibarra Chaoul of The Washington Post report that “Mexico decriminalizes abortion, a dramatic step in world’s second-biggest Catholic country.”

And Santiago Pérez and David Luhnow of The Wall Street Journal report that “Mexico’s Supreme Court Decriminalizes Abortion in Historic Shift; In a unanimous ruling, the justices pave way for changes in country with world’s second-largest Roman Catholic population.”

Posted at 7:46 PM by Howard Bashman



Monday, September 6, 2021

“The post-Trump supreme court: where hard-won rights die in darkness; Orders — such as on the Texas abortion law — issued in the dead of night on the so-called ‘shadow docket’ threaten the court’s legitimacy and US democracy.” Ed Pilkington of The Guardian (UK) has this report.

Posted at 8:22 PM by Howard Bashman