How Appealing



Monday, May 3, 2021

“Debate Erupts at N.J. Law School After White Student Quotes Racial Slur; A Rutgers Law student repeated an epithet from a legal case, and now Black students at the New Jersey school are calling for a policy on slurs — and apologies”: Tracey Tully of The New York Times has this report.

Posted at 9:58 PM by Howard Bashman



“Subscribe to David Lat’s ‘Original Jurisdiction’ Substack; Relive the glory days of Above the Law excellence for only $50/year”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:51 PM by Howard Bashman



“Full appeals panel hears Loughry’s request for a closer look at juror’s social media”: Brad McElhinny of West Virginia’s MetroNews has this report.

And Brad Kutner of Courthouse News Service reports that “Full Fourth Circuit Hears Former WVa Justice’s Appeal Over Juror Twitter Use; A former West Virginia chief justice says a juror in his 2018 fraud trial defied an order to stay off social media and followed reporters who tweeted about the case.”

You can access via this link the audio of today’s en banc rehearing before the full U.S. Court of Appeals for the Fourth Circuit.

Posted at 8:30 PM by Howard Bashman



“Judges hear arguments over contentious Census privacy tool”: Kim Chandler and Mike Schneider of The Associated Press have this report.

And Daniel Jackson of Courthouse News Service reports that “Federal Judges Question Alabama’s Standing in Census Suit; As Alabama challenges the method the federal government is using to keep responses to the 2020 census confidential, one judge hearing the case noted the state constitution allows it to conduct its own count.”

Posted at 8:11 PM by Howard Bashman



“Supreme Court declines to revisit precedent that restricts lawsuits from service members”: Robert Barnes of The Washington Post has this report.

Alex Swoyer of The Washington Times reports that “Supreme Court rejects West Point cadet’s case after rape allegations on campus.”

Pete Williams of NBC News reports that “Justice Clarence Thomas says ex-West Point cadet should be able to sue over alleged rape; The former cadet ‘could have brought these same claims had she been a civilian contractor employed by West Point instead of a student,’ Thomas noted.”

Tyler Olson of Fox News reports that “Thomas dissents in military rape case, says Supreme Court should allow military members to sue government; Thomas slammed ’70-year-old precedent that is demonstrably wrong’ barring woman from suing after rape.”

Jessica Gresko of The Associated Press reports that “Over Thomas dissent, high court rejects West Point case.”

Harper Neidig of The Hill reports that “Supreme Court declines to hear case over former West Point cadet’s rape allegations.”

And Jack Rodgers of Courthouse News Service reports that “Thomas Pans West Point Immunity on Rape Claim.”

Posted at 8:04 PM by Howard Bashman



“Biden’s Supreme Court commission gives liberals chance to curtail lifetime appointments”: Alex Swoyer of The Washington Times has this report.

Posted at 7:44 PM by Howard Bashman



“On the Supreme Court docket: Fairness, textualism, and crack cocaine.” Henry Gass of The Christian Science Monitor has this report.

Posted at 3:45 PM by Howard Bashman



“Rockefeller Center event breaks down impact of recent Supreme Court developments; NPR correspondent Nina Totenberg discussed a range of topics, from former President Trump’s Supreme Court nominees to landmark cases related to affirmative action and COVID-19”: Soleil Gaylord of The Dartmouth has this report.

Posted at 3:42 PM by Howard Bashman



“Judicial Notice (05.01.21): Lawyers Wade Into The Culture Wars; A prosecutor makes the case against ‘wokeness,’ SCOTUS tackles the hot-button issues of immigration and free speech, and other legal news from the week that was.” David Lat has this post at his “Original Jurisdiction” Substack site, to which you can now purchase a subscription.

Posted at 2:45 PM by Howard Bashman



“Idaho’s Transgender Sports Ban Faces A Major Legal Hurdle”: Melissa Block had this audio segment on today’s broadcast of NPR’s “Morning Edition” about a case scheduled for oral argument this afternoon before a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit.

The three-judge panel assigned to hear and decide the appeal consists of Circuit Judges Kim McLane Wardlaw and Ronald M. Gould and Senior Circuit Judge Andrew J. Kleinfeld. The oral argument session is scheduled to begin at 1 p.m. pacific time, 4 p.m. eastern time, and can be viewed online on YouTube via this link.

Posted at 8:50 AM by Howard Bashman



“Justice Clarence Thomas, Long Silent, Has Turned Talkative; The Supreme Court’s orderly telephone arguments, prompted by the pandemic, have given the public a revealing look at its longest-serving member”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:24 AM by Howard Bashman