How Appealing



Friday, September 3, 2021

“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



“In the Dead of Night, the Supreme Court Proved It Has Too Much Power”: Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 11:33 AM by Howard Bashman



“The Cloud Cast by SCOTUS Conservatives Over Roe Distinguishes the Texas Law From Most Procedurally Similar Ones”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 11:32 AM by Howard Bashman



“Roe v. Wade hasn’t been overturned. The rule of law might have been. The Supreme Court just declined to uphold the Constitution.” Law professor Erwin Chemerinsky has this essay online at The Washington Post.

Posted at 11:30 AM by Howard Bashman



“Supreme Court vote on Texas abortion law allows a ban without mentioning Roe v. Wade; Even if the high court ultimately rules that the Texas law is unconstitutional, it has already allowed the state to pursue measures that shutter clinics”: Law professor Leah Litman has this essay online at NBC News.

Posted at 11:24 AM by Howard Bashman



“Abortion opponents watch for violations of Texas ban as providers weigh legal options”: Ann E. Marimow, Matt Zapotosky, and Caroline Kitchener have this front page article in today’s edition of The Washington Post.

According to the article, “The ban was shaped by the writings of Austin-based attorney Jonathan F. Mitchell, who guided state lawmakers based on an approach he first outlined in a 2018 Virginia Law Review article. Mitchell, who in addition to clerking for Scalia spent five years as Texas solicitor general, declined an interview on Thursday.”

Posted at 8:40 AM by Howard Bashman



Thursday, September 2, 2021

“Texas Ruling Raises Doubts About Chief Justice’s Hold on the Roberts Court; Looming Mississippi case will put Roe v. Wade directly before Supreme Court with five conservatives steering to right of John Roberts”: Jess Bravin and Brent Kendall will have this article in Friday’s edition of The Wall Street Journal.

Also in Friday’s edition of that newspaper, Jacob Gershman will have an article headlined “Supreme Court Abortion Ruling Brings New Uncertainty to Decades-Old Fight; Some abortion opponents talk of replicating Texas’s law, while abortion-rights supporters pledge to continue fight in court.”

Posted at 11:04 PM by Howard Bashman



“Texas’s Abortion Law Blunder: The Supreme Court was right not to interfere for now, but the statute won’t survive scrutiny on the merits.” This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 11:00 PM by Howard Bashman



“Is the Supreme Court Ready to Overturn Roe? We Don’t Know. The justices should have blocked an unconstitutional Texas anti-abortion law. But they weren’t sending a signal by letting it stand for now.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:12 PM by Howard Bashman



“SCOTUS case on state-court shareholder class actions is off. Now what?” Alison Frankel’s “On the Case” from Thomson Reuters News & Insight has this post.

Posted at 8:40 PM by Howard Bashman



“11th Circuit tosses Georgia cheerleader’s anthem protest case against sheriff; The 11th Circuit handed a Georgia sheriff a victory by finding a Kennesaw State University cheerleader lacks standing to bring civil rights claims against him”: Erika Williams of Courthouse News Service has this report on a ruling that the U.S. Court of Appeals for the Eleventh Circuit issued today. Both Judges Pryor issued a majority opinion.

Posted at 8:24 PM by Howard Bashman



“Abortion Arrives at the Center of the American Political Maelstrom; The Supreme Court’s decision not to block a Texas law banning most abortions left Republicans eager to replicate it; Democrats reeled, but sensed a winning issue in coming elections”: Reid J. Epstein of The New York Times has this report.

Posted at 8:12 PM by Howard Bashman



“Texas Abortion Case Reflects Success of Conservative Strategy to Remake Court; Forces on the right have spent decades maneuvering to install a reliable anti-abortion majority; Now they have one, and it is paying off for them”: Carl Hulse of The New York Times has this report.

Posted at 8:10 PM by Howard Bashman



“Pelosi pledges Roe v. Wade bill after Supreme Court allows Texas abortion law to go into effect; Pelosi framed the legislation as protecting women’s health”: Tyler O’Neil of Fox News has this report.

Posted at 7:04 PM by Howard Bashman



“The Supreme Court had no reason to block Texas’s abortion law”: Columnist Henry Olsen has this essay online at The Washington Post.

Posted at 7:00 PM by Howard Bashman



“Confusion in Texas as ‘Unprecedented’ Abortion Law Takes Effect; The law was novel and its success surprised even some in the anti-abortion movement”: Sabrina Tavernise, J. David Goodman, Adam Liptak, and Ruth Graham of The New York Times have this report.

Posted at 5:40 PM by Howard Bashman



“Here’s How The Supreme Court Can Rule In A Major Abortion Case In The Dead Of Night; It usually takes the Supreme Court months to rule in a case; But there’s a back door, and it’s getting a lot of use”: Zoe Tillman of BuzzFeed News has this report.

Posted at 5:00 PM by Howard Bashman



“Democrats Vow To Protect Abortion Rights. The Question Is How. They control all of government, but the Senate filibuster could stop them from taking any major action.” Elise Foley and Jennifer Bendery of HuffPost have this report.

Posted at 4:20 PM by Howard Bashman



“This is what an unconstrained right-wing Supreme Court looks like”: Columnist Paul Waldman has this essay online at The Washington Post.

Posted at 4:18 PM by Howard Bashman



“Thoughts on the Supreme Court’s Texas Abortion Ruling — and How to Prevent it From Setting a Dangerous Precedent; The decision is wrong, but consistent with previous precedent; Yet it also threatens to create a road map for circumventing constitutional rights; Fortunately, the latter can be prevented”: Ilya Somin has this post at “The Volokh Conspiracy.”

Posted at 4:15 PM by Howard Bashman



“Supreme Court’s Use of ‘Shadow Docket’ in Abortion Ruling Fuels Criticism”: Kimberly Robinson and Jordan Rubin of Bloomberg News have this report.

Posted at 4:10 PM by Howard Bashman



“Supreme Court order on Texas abortion ban shows threat to Roe v. Wade”: Robert Barnes of The Washington Post has this report.

Posted at 4:08 PM by Howard Bashman