How Appealing



Monday, February 6, 2023

“Federal judge says constitutional right to abortion may still exist, despite Dobbs; The judge said the Supreme Court’s ruling concluded only that the 14th Amendment included no right to abortion, but stopped short of definitively ruling out other aspects of the Constitution”: Kyle Cheney and Josh Gerstein of Politico have this report.

And Alex Swoyer of The Washington Times reports that “Federal judge suggests national right to abortion exists after Supreme Court ruling; Clinton appointee questions whether 13th Amendment protects national right to abortion.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 8:16 PM by Howard Bashman



“A Federal Judiciary Without Labor Lawyers Is a Failure; Oral argument in Glacier Northwest provided a stark reminder of the weaknesses of a Supreme Court with no justices with union-side labor law experience”: Jenny Hunter has this post at Balls and Strikes.

Posted at 7:33 PM by Howard Bashman



“How Dobbs made the Wisconsin Supreme Court race one of the biggest elections of 2023; The state’s women-dominated Supreme Court will have the final say on abortion access in the state — and the race could come down to two women judges”: Grace Panetta of The 19th has this report.

Posted at 1:14 PM by Howard Bashman



“Federalist Society notebook: Consistency of judicial views a bonus for Florida Supreme Court, says Chief Justice Carlos Muniz.” Wes Wolfe of Florida Politics has this report.

Posted at 1:11 PM by Howard Bashman



“We don’t need any new ideas to fix the Supreme Court. Just one very old one. At least five members of the Supreme Court are comfortable ignoring the court’s past decisions and manipulating the law to achieve more conservative goals.” Columnist Jessica Levinson has this essay online at MSNBC.

Posted at 1:00 PM by Howard Bashman



“Dershowitz’s Bad Idea to Plug the Dobbs Leak; Journalists have repeatedly been willing to risk jail to protect the identity of their sources”: The Wall Street Journal has published this letter to the editor from Floyd Abrams.

Posted at 12:55 PM by Howard Bashman



“Implementing Bruen: The historical-practice standard established by last year’s landmark gun-rights case is proving to be manipulable in the lower courts.” Randy E. Barnett and Nelson Lund have this post at the “Law & Liberty” blog.

Posted at 10:32 AM by Howard Bashman



“The Engagement: America’s Quarter-Century Struggle Over Same-Sex Marriage.” You can access today’s new episode of the “Strict Scrutiny” podcast via this link.

Posted at 10:27 AM by Howard Bashman



“Forum Shopping in California; Just leave your heart, and nationwide injunction, in San Francisco”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:48 AM by Howard Bashman



“Ye olde Supreme Court? Your originalism is making America unsafe.” Columnist Ruth Marcus has this essay online at The Washington Post.

Posted at 8:45 AM by Howard Bashman



“The Road to a Supreme Court Clerkship Starts at Three Ivy League Colleges; The chances of obtaining a coveted clerkship, a new study found, increase sharply with undergraduate degrees from Harvard, Yale or Princeton”: Adam Liptak will have this new installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 8:36 AM by Howard Bashman



“13. Bruen’s Increasingly Troubling Aftermath: Everyone agrees that the Supreme Court upended Second Amendment jurisprudence last June. Just how far the majority’s new approach goes is something the Justices will soon need to clarify.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:33 AM by Howard Bashman