How Appealing



Monday, May 2, 2022

“Whodunnit? Speculating on how the apparent Dobbs first draft from Feb. 10, 2022 was leaked.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:48 PM by Howard Bashman



“Alito’s Leaked Draft Fully Overruling Roe Is Jaw-Dropping and Unprecedented; The justice’s scathing condemnation of abortion pretends not to imperil other rights; Don’t believe it”: Mark Joseph Stern has this jurisprudence essay online at Slate.

Posted at 11:45 PM by Howard Bashman



“Supreme Court draft opinion that would overturn Roe v. Wade published by Politico”: Tierney Sneed, Ariane de Vogue, and Joan Biskupic of CNN have this updated report.

According to the article, “Chief Justice John Roberts did not want to completely overturn Roe v. Wade, meaning he would have dissented from Alito’s draft opinion, sources tell CNN, likely with the court’s three liberals.” The article also reports that “Roberts is willing, however, to uphold the Mississippi law that would ban abortion at 15 weeks of pregnancy, CNN has learned.”

Posted at 11:38 PM by Howard Bashman



“Leaked Supreme Court Draft Would Overturn Roe v. Wade; A majority of the court privately voted to strike down the landmark abortion rights decision, according to the document, obtained by Politico”: Michael D. Shear will have this article in Tuesday’s edition of The New York Times.

Robert Barnes of The Washington Post reports that “Majority of Supreme Court is ready to strike down Roe v. Wade, leaked opinion shows.”

David G. Savage of The Los Angeles Times reports that “Roe vs. Wade will be overturned, purported leaked Supreme Court draft suggests.”

John Fritze of USA Today has an article headlined “Report: Leaked draft Supreme Court opinion suggests majority may overturn Roe v. Wade.”

And Victor Morton of The Washington Times has an article headlined “Report: Supreme Court poised to overturn Roe v. Wade.”

Posted at 10:22 PM by Howard Bashman



“Supreme Court draft opinion that would overturn Roe v. Wade published by Politico”: Tierney Sneed and Ariane de Vogue of CNN have this report.

Posted at 9:58 PM by Howard Bashman



“How rare is a Supreme Court breach? Very rare. Court watchers can’t recall a previous time when a draft opinion was publicly disclosed before a decision.” Josh Gerstein of Politico has this report.

Posted at 9:57 PM by Howard Bashman



“Making Sense Of The Apparent Leaked Opinion In Dobbs; My instant reaction to Leakgate”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 9:42 PM by Howard Bashman



“Supreme Court has voted to overturn abortion rights, draft opinion shows; ‘We hold that Roe and Casey must be overruled,’ Justice Alito writes in an initial majority draft circulated inside the court”: Josh Gerstein and Alexander Ward of Politico have this report.

Politico has posted the draft opinion, bearing a circulation date of February 10, 2022, at this link.

Posted at 9:16 PM by Howard Bashman



“As Feinstein Declines, Democrats Struggle to Manage an Open Secret; Democrats have quietly accepted the California senator’s memory issues as the status quo, even as her inner circle frets that the spectacle of her difficulties on the job could tarnish her legacy”: Annie Karni of The New York Times has this report.

Posted at 8:50 PM by Howard Bashman



“Advocates prepare for Supreme Court to overturn Maine’s religious school funding ban”: Judy Harrison of The Bangor Daily News has this report.

Posted at 8:32 PM by Howard Bashman



“The next frontier for the antiabortion movement: A nationwide ban; Advocates and some GOP lawmakers have started mobilizing around potential federal legislation to outlaw abortion after six weeks of pregnancy.” Caroline Kitchener of The Washington Post has this report.

Posted at 8:27 PM by Howard Bashman



“Henry Dickman ’20 To Clerk for U.S. Supreme Court Justice Amy Coney Barrett”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 8:22 PM by Howard Bashman



“Former Bremerton coach in Supreme Court spotlight says he wants his old job back”: Christine Clarridge of The Seattle Times has this report.

Posted at 8:20 PM by Howard Bashman



“Gorsuch Calls for Overruling ‘Shameful’ Cases on U.S. Territories; The justice urged his colleagues to revisit the Insular Cases, which denied full constitutional protection to unincorporated territories; A petition filed last week gives them a chance”: Adam Liptak will have this installment of his “Sidebar” column in Tuesday’s edition of The New York Times.

Posted at 7:46 PM by Howard Bashman



Access today’s ruling of the U.S. Supreme Court in an argued case: The Court thus far has posted a defective file containing only the first part of the syllabus in Shurtleff v. Boston, No. 20-1800. Update: To be fair, the defective file does permit access to the opinions of Justices Alito (in part) and Gorsuch (in full) concurring in the judgment.

Via “SCOTUSblog,” you can access the complete opinion at this link.

Justice Stephen G. Breyer delivered the opinion of the Court. Justice Brett M. Kavanaugh issued a concurring opinion. Justice Samuel A. Alito, Jr. issued an opinion concurring in the judgment, in which Justices Clarence Thomas and Neil M. Gorsuch joined. And Justice Gorsuch issued an opinion concurring in the judgment, in which Justice Thomas joined.

Posted at 10:02 AM by Howard Bashman