How Appealing



Tuesday, March 8, 2022

“Should Courts Stop Using ‘Substantive’ Canons of Construction? A proposal from Justice Kagan.” Will Baude has this post at “The Volokh Conspiracy.”

Posted at 9:07 PM by Howard Bashman



“Pa. Supreme Court weighs future of state’s popular mail voting law”: Angela Couloumbis of Spotlight PA has this report.

Jonathan Bergmueller of The Patriot-News of Harrisburg, Pennsylvania reports that “Pa. Supreme Court mulls decision after 3 hours of arguments over no-excuse, mail-in voting.”

And Mark Scolforo of The Associated Press reports that “Justices ponder bid to throw out no-excuse mail-in balloting.”

The Supreme Court of Pennsylvania has posted the audio of today’s oral arguments on YouTube at this link.

Posted at 8:34 PM by Howard Bashman



“What Kind of Justice Will We Get With Ketanji Brown Jackson? She should be asked at her Supreme Court confirmation hearings about her views on crime and if Democratic efforts have harmed public safety.” Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:20 PM by Howard Bashman



“Ghislaine Maxwell Juror Says He ‘Didn’t Lie’ to Get on Jury; The man’s statements to the news media after Ms. Maxwell’s conviction have clouded the guilty verdict in the case”: Benjamin Weiser and Rebecca Davis O’Brien of The New York Times have this report.

Shayna Jacobs of The Washington Post reports that “Maxwell juror who omitted history of sexual abuse in screening calls error ‘one of the biggest mistakes’ of his life; Man’s failure to disclose being abused as a child could result in the conviction being thrown out and a new trial being ordered.”

Josh Russell of Courthouse News Service reports that “Juror admission could trigger retrial for Ghislaine Maxwell; A New Yorker who failed to disclose childhood sexual abuse during jury selection for the sex-trafficking trial of Ghislaine Maxwell told a judge on Tuesday that he ‘completely skimmed way too fast’ a questionnaire that put him on the panel.”

And in commentary, online at NBC News, Andrey Spektor and Lindsay Gerdes have an essay titled “The Ghislaine Maxwell case is bringing the ‘Runaway Jury’ to life; John Grisham’s fictional narrative has startling parallels to Maxwell’s real-life trial after a juror’s stunning disclosure.”

Posted at 8:15 PM by Howard Bashman



“Susan Collins signals Biden Supreme Court pick could win her vote after ‘productive’ meeting”: Clare Foran and Manu Raju of CNN have this report.

Posted at 8:04 PM by Howard Bashman



“The needlessly complicated Supreme Court fight over whether Navy SEALs have to obey orders; Republican judges appear unwilling to acknowledge that they do not command the United States military”: Ian Millhiser has this essay online at Vox.

Posted at 8:00 PM by Howard Bashman



“Biden administration asks Fifth Circuit to reinstate vaccine mandate for federal employees; The government claims the case turns on who should decide if a vaccine requirement is needed for federal workers: a district judge with no public health expertise or the president, informed by public health experts.” Cameron Langford of Courthouse News Service has this report on an oral argument (access the archived audio via this link) that a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit heard today.

Posted at 7:56 PM by Howard Bashman



“Just the Stats: Ketanji Brown Jackson as a District Court Judge.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

Posted at 10:18 AM by Howard Bashman



The “Law & Liberty” blog has posted two reviews of law professor Benjamin H. Barton‘s new book, “The Credentialed Court: Inside the Cloistered, Elite World of American Justice.” Law professor Glenn Reynolds‘s review is titled “The Age of the Judicial Thoroughbred: The Supreme Court has become far less interesting as it has become more standardized and winnowed.”

And Mark Pulliam has a review titled “Ivy League Justice: The current Supreme Court, while superficially diverse in terms of race, sex, and ethnicity, displays remarkable homogeneity.”

Posted at 9:48 AM by Howard Bashman