How Appealing



Tuesday, March 29, 2022

“Gov. Cox appoints Judge Diana Hagen to serve on Utah’s Supreme Court; The state Senate will now decide whether to confirm Gov. Spencer Cox’s proposed replacement for retired Utah Supreme Court Justice Deno Himonas”: Bethany Rodgers of The Salt Lake Tribune has this report.

Posted at 9:51 PM by Howard Bashman



“Supreme Court, in Case on Veteran Hurt by Burn Pits, Debates War Powers; The justices seemed split on whether Congress can allow suits against states that discriminate against injured service members returning from conflicts”: Adam Liptak of The New York Times has this report.

Robert Barnes of The Washington Post reports that “Supreme Court examines war powers in reservist’s discrimination case.”

And Kelsey Reichmann of Courthouse News Service reports that “Texas faces uphill Supreme Court battle in veteran’s wrongful termination case; In a dispute stemming from a soldier’s exposure to toxic burn pits, the high court pondered how state sovereignty in wrongful termination lawsuits might interfere with the government’s ability to raise an army.”

Posted at 8:37 PM by Howard Bashman



“Klein ISD student wins $90K settlement after being harassed for sitting out the Pledge of Allegiance”: Rebecca Hennes of The Houston Chronicle has this report.

And Cameron Langford of Courthouse News Service reports that “Texas teacher settles in battle with student over Pledge of Allegiance; The Supreme Court established in 1943 no one can be compelled to pledge allegiance to the U.S. flag, but that didn’t stop a Texas teacher from taking issue with a Black student who abstained.”

Posted at 8:32 PM by Howard Bashman



“The Hypocritical Attack on Justice Clarence Thomas; The left smears him for the opinions of his wife, Ginni, a standard never applied to other judges”: Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:06 PM by Howard Bashman



“What to Expect from Justice Breyer’s Retirement and Judge Jackson’s (Presumptive) Confirmation to the Court”: Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 7:16 PM by Howard Bashman



“Whether, in cases where the compensatory damages award is substantial, a punitive-to-compensatory damages ratio exceeding 9:1 is presumptively unconstitutional under U.S. Supreme Court precedent?” The Supreme Court of Pennsylvania today granted a petition for allowance of appeal presenting that question.

Posted at 4:12 PM by Howard Bashman



“Colorado Supreme Court strikes down part of state’s cyberbullying law as unconstitutional; State’s harassment laws were amended in 2015 to strengthen protestions against cyberbullying”: Shelly Bradbury of The Denver Post has this report.

And at “The Volokh Conspiracy,” Eugene Volokh has a post titled “Colorado Supreme Court Strikes Down Electronic Harassment Ban.”

You can access yesterday’s ruling of the Supreme Court of Colorado at this link.

Posted at 12:44 PM by Howard Bashman



“Governor Newsom Swears in Justice Patricia Guerrero to California Supreme Court, the First Latina to Serve on State’s Highest Court; A first-generation Californian, Justice Guerrero hails from the Imperial Valley”: The Office of California Governor Gavin Newsom issued this news release yesterday.

Posted at 12:38 PM by Howard Bashman



“Motion: Man who won Supreme Court case was fired because he was gay.” Bill Rankin of The Atlanta Journal-Constitution has an article that begins, “A former Clayton County court official who won a landmark case before the U.S. Supreme Court was wrongly fired because he was gay, a recently filed court motion contends, citing pretrial testimony and entries in a judge’s diary. In June 2020, Gerald Bostock’s case handed the LGBTQ community a major civil rights victory when the high court ruled federal law prohibits discrimination against gay employees in the workplace.”

Posted at 12:36 PM by Howard Bashman



“The politics driving the Montana Supreme Court races: After a year of political flashpoints, judicial candidates are campaigning in a charged environment.” Mara Silvers of Montana Free Press has this report.

Posted at 12:32 PM by Howard Bashman



“Justice Thomas’s failure to recuse may be wrong but it’s not judicial misconduct”: Russell Wheeler has this post at the “FixGov” blog of the Brookings Institution.

Posted at 12:28 PM by Howard Bashman



“Impeach Thomas? House Dems can go there, but most won’t. The chamber’s Democrats have one serious option to respond to the furor swirling around the Supreme Court justice’s wife. They’re not using it — yet.” Kyle Cheney, Sarah Ferris, and Nicholas Wu of Politico have this report.

Posted at 10:06 AM by Howard Bashman



“RFRA in the Military on the Shadow Docket — With a Tangent on Trump v Hawaii”: Michael C. Dorf has this post at his blog, “Dorf on Law.”

Posted at 10:03 AM by Howard Bashman



“Activist could be liable for BRPD officer’s injuries in 2016 protest, La. Supreme court says”: Jennifer Wadsworth of The Advocate of Baton Rouge, Louisiana has an article that begins, “The Louisiana Supreme Court said Friday that people who ‘precipitate’ crimes by others can be held liable for their actions, and that emergency workers injured in the line of duty aren’t automatically barred from suing for damages.”

And Kevin Foster of WAFB 9 in Baton Rouge reports that “La. state supreme court says Deray McKesson can be sued for 2016 protest.”

You can access Friday’s ruling of the Supreme Court of Louisiana, on certified questions from the U.S. Court of Appeals for the Fifth Circuit, at this link.

Posted at 9:24 AM by Howard Bashman



“Time to Challenge Compelled Speech? Many campuses have adopted political statements that employees and prospective employees are expected to affirm publicly.” George R. La Noue has this post at the “Law & Liberty” blog.

Posted at 9:14 AM by Howard Bashman



“Clarence Thomas’s long fight against fair and democratic elections; Like wife, like husband”: Ian Millhiser has this essay online at Vox.

Posted at 9:08 AM by Howard Bashman



“Politics Centered on D.C. Warp Supreme Court Hearings; Members of the opposite party attack qualified nominees like Ketanji Brown Jackson because it’s the most effective way to reach their voters”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 9:05 AM by Howard Bashman