How Appealing



Monday, September 6, 2021

“As Migrants Surge Toward Border, Court Hands Biden a Lifeline; Desperate to control the unrelenting buildup on the border, Biden administration officials turn their focus to deterring migration, dashing hopes of asylum seekers”: Natalie Kitroeff of The New York Times has this report.

Posted at 8:11 PM by Howard Bashman



“Justice Department exploring ways to challenge Texas’ abortion ban, U.S. Attorney General Merrick Garland says; Garland provided no details of how federal officials may challenge one of the nation’s strictest bans on abortion; His statement came days after the U.S. Supreme Court declined to block the law, at least for now”: Neelam Bohra of The Texas Tribune has this report.

Posted at 8:06 PM by Howard Bashman



Sunday, September 5, 2021

“Republican wins on abortion, voting and guns cap their banner 2021, with Democratic goals in ‘dire’ danger despite Washington power”: Michael Scherer of The Washington Post has this report.

Posted at 10:04 PM by Howard Bashman



“How the Texas Anti-Abortion Movement Helped Enact a Near-Complete Ban; Texans are almost evenly divided on abortion, but a combination of Republican control, conservative judicial appointments and cultural shifts helped the state’s anti-abortion movement find success”: Ruth Graham of The New York Times has this report.

Posted at 9:10 PM by Howard Bashman



“Sumption: I was never pushed out; New disclosures explain why former Supreme Court justice stood aside.” Joshua Rozenberg has this post at his “A Lawyer Writes” Substack site.

Posted at 11:04 AM by Howard Bashman



“Abortion providers, this is your chance to make history again”: David J. Garrow has this essay online at The Houston Chronicle.

Posted at 10:53 AM by Howard Bashman



“Judicial Notice (09.04.21): Yo Holmes; The Texas abortion ruling and the shadow docket, the trial of Theranos founder Elizabeth Holmes, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:48 AM by Howard Bashman



“What Texas abortion ban means for survivors of rape, incest and others whose choices were stolen”: Gabrielle Banks, Jeremy Blackman, and Taylor Goldenstein have this front page article in today’s edition of The Houston Chronicle.

Posted at 10:37 AM by Howard Bashman



Saturday, September 4, 2021

“Challenging Unconstitutional Civil Liability Schemes, as to Abortion, Speech, Guns, Etc.; By and large, those schemes (like Texas’s SB 8 liability for abortion providers) must be fought by raising the Constitution as a defense in a civil lawsuit — not through preenforcement challenges”: Eugene Volokh has this post at “The Volokh Conspiracy.”

Posted at 10:00 PM by Howard Bashman



“Texas Abortion Case Highlights Concern Over Supreme Court’s ‘Shadow Docket’; A process intended to help the court deal with emergency petitions and routine matters has grown into a backdoor way of making major policy decisions”: Charlie Savage had this article in Friday’s edition of The New York Times.

Posted at 9:50 PM by Howard Bashman



“Texas created a blueprint for abortion restrictions. Republican-controlled states may follow suit.” Meryl Kornfield, Caroline Anders, and Audra Heinrichs have this front page article in today’s edition of The Washington Post.

Posted at 10:53 AM by Howard Bashman



“Texas legislators, with an assist from the U.S. Supreme Court, open a Pandora’s box; The country just noticed what Texas was doing, and although Texans have been watching the debate over this anti-abortion law all year, even some of them were surprised at how quickly the legally protected right to abortion disappeared”: Ross Ramsey of The Texas Tribune has this news analysis.

Posted at 10:48 AM by Howard Bashman



“Supreme Court ruling on Texas law was the result of decades of pressure from anti-abortion groups to shape the court”: Tierney Sneed of CNN has this report.

Posted at 10:46 AM by Howard Bashman



Friday, September 3, 2021

“TikTok Users and Coders Flood Texas Abortion Site With Fake Tips; To protest Texas’ new abortion law, activists said, they pranked a website set up by the state’s largest anti-abortion group”: Nicole Perlroth of The New York Times has this report. According to the article, “GoDaddy said late Thursday that it had given Texas Right to Life 24 hours to find a new hosting provider before cutting off service.”

And Lizette Chapman of Bloomberg News reports that “Lyft, Uber to Defend Drivers Sued Under Texas Abortion Law.”

Posted at 9:44 PM by Howard Bashman



Oklahoma stipulates to dismiss its petition for writ of certiorari filed in the U.S. Supreme Court in the Bosse case: You can access the stipulation to dismiss at this link.

In related news coverage, Curtis Killman of The Tulsa World reports that “Oklahoma AG dismisses appeal targeting McGirt after state court reverses course on death-row convicts.”

And Derrick James of The McAlester News-Capital reports that “State files to dismiss Supreme Court appeal; files nine more appeals.”

Posted at 9:25 PM by Howard Bashman



“What the Texas Law Really Means for Abortion in America: The Supreme Court case this week wasn’t about Roe or Casey; But that doesn’t mean we can’t learn from it.” Sarah Isgur has this essay online at Politico Magazine.

And yesterday’s installment of the “Advisory Opinions” podcast, featuring David French and Sarah Isgur, is titled “Supreme Court’s Texas Abortion Law Decision Explained.”

Posted at 9:00 PM by Howard Bashman



“The Justices Are Telling Us What They Think About Roe v. Wade; A majority on the Supreme Court appears ready to strike down the landmark decision — but they’re not prepared for the ensuing havoc”: Law professor Mary Ziegler has this essay online at The Atlantic.

Posted at 1:55 PM by Howard Bashman



“Five Justices Did This Because They Could; Emergency appeals have become the tool of choice for the conservative movement”: Adam Serwer has this essay online at The Atlantic.

Posted at 1:45 PM by Howard Bashman



“The Supreme Court doesn’t just abuse its shadow docket. It does so inconsistently. Justice Kagan’s dissent cuts to the heart of the problem with the Texas abortion ruling — it undermines the court’s legitimacy.” Law professor Steve Vladeck has this essay online at The Washington Post.

Posted at 1:30 PM by Howard Bashman



“Texas abortion law a ‘radical expansion’ of who can sue whom, and an about-face for Republicans on civil lawsuits; Senate Bill 8, which allows anyone to sue anyone who performs or aids in an abortion, marks an unprecedented change to who has standing to bring a lawsuit; The tactic is also an emerging trend in Republican-dominated states that may compromise constitutional rights, some legal experts said”: Erin Douglas of The Texas Tribune has this report.

Posted at 11:52 AM by Howard Bashman



“The Texas abortion decision shows why the Democrats must push to add four justices to the court”: Columnist Perry Bacon Jr. has this essay online at The Washington Post.

Posted at 11:37 AM by Howard Bashman



“The Supreme Court aids and abets Texas in violating women’s constitutional rights”: In today’s edition of The New York Times, columnist Ruth Marcus has an op-ed that begins, “Congratulations, Texas, you did it. You figured out a way to write an antiabortion law that everyone agrees is unconstitutional under current law — and to ensure that the women whose rights are being violated don’t have the ability to challenge it in court.”

Posted at 11:35 AM by Howard Bashman