1. How Appealing



        Monday, July 6, 2020

        “Stone Appeals Denial of Prison Delay Over Coronavirus Fears”: Erik Larson of Bloomberg News has a report that begins, “Republican operative Roger Stone asked a federal appeals court to delay the start of his prison term until Sept. 3 from July 14 because of the coronavirus pandemic, after the trial judge denied his earlier request.”

        Posted at 10:10 PM by Howard Bashman



        “Precedent: Which Justices Practice What They Preach.” Adam Feldman has this post at his “Empirical SCOTUS” blog.

        Posted at 9:48 PM by Howard Bashman



        “‘Strategic considerations’: John Roberts’ swing votes all about politics, court watchers say; Despite key swing-vote wins, liberals wary of chief justice.” Alex Swoyer has this front page article in today’s edition of The Washington Times.

        Posted at 9:45 PM by Howard Bashman



        “‘All he saw to me was my skin color’: Clerk faces backlash from judge’s comment.” Matt Hamilton of The Los Angeles Times has an article that begins, “After two weeks of national protests over the killing of George Floyd by a Minneapolis police officer, the top federal judge in Southern California sat for a webinar to discuss the reopening of courthouses.”

        Posted at 9:42 PM by Howard Bashman



        “States May Curb ‘Faithless Electors,’ Supreme Court Rules; The court said states may require members of the Electoral College to vote for the presidential candidates they had promised to support”: Adam Liptak of The New York Times has this report.

        Robert Barnes of The Washington Post reports that “Supreme Court says a state may require presidential electors to support its popular-vote winner.”

        David G. Savage of The Los Angeles Times reports that “Supreme Court rules electoral college representatives must honor choice of state’s voters.”

        Brent Kendall and Jess Bravin of The Wall Street Journal report that “Supreme Court Rules States Can Prohibit Presidential Electors From Breaking Rank; Justices rule that states can bar ‘faithless’ electors from supporting someone other than the candidate chosen by voters in their state.”

        Richard Wolf of USA Today reports that “Supreme Court rules presidential electors can be forced to uphold popular vote.”

        Alex Swoyer of The Washington Times reports that “Supreme Court rules states can penalize ‘faithless electors.’

        Saja Hindi of The Denver Post reports that “Supreme Court unanimously sides with Colorado in faithless electors case; States can require electors to vote for winner of popular vote for president.”

        And David Gutman of The Seattle Times reports that “U.S. Supreme Court rules against Washington’s ‘faithless electors,’ says states can require electors to back vote winners.”

        Posted at 9:38 PM by Howard Bashman



        Access online today’s rulings of the U.S. Supreme Court in argued cases: The Court issued three rulings.

        1. Justice Brett M. Kavanaugh announced the judgment of the Court and delivered an opinion in which Chief Justice John G. Roberts, Jr. and Justice Samuel A. Alito, Jr. joined in full and Justice Clarence Thomas joined in part in Barr v. American Assn. of Political Consultants, Inc., No. 19-631. Justice Sonia Sotomayor issued an opinion concurring in the judgment. Justice Stephen G. Breyer issued an opinion concurring in the judgment in part and dissenting in part, in which Justices Ruth Bader Ginsburg and Elena Kagan joined. And Justice Neil M. Gorsuch issued an opinion concurring in the judgment in part and dissenting in part, in which Justice Thomas joined. You can access the oral argument via this link.

        2. Justice Kagan delivered the opinion of the Court in Chiafalo v. Washington, No. 19-465. And Justice Thomas issued an opinion concurring in the judgment, in which Justice Gorsuch joined in part. You can access the oral argument via this link.

        3. And the Court issued a per curiam ruling in Colorado Dept. of State v. Baca, No. 19-518. You can access the oral argument via this link.

        Posted at 10:02 AM by Howard Bashman



        “US supreme court gives conservatives the blues but what’s really going on? Donald Trump’s nomination of two justices seemed to have tilted the balance decisively but recent rulings have raised eyebrows.” Tom McCarthy of The Guardian (UK) has this report.

        Posted at 9:55 AM by Howard Bashman



        Sunday, July 5, 2020

        “Legal dividing line hardens on the Minnesota Supreme Court; A string of politically charged 5-2 rulings suggest a state court separating into ideological blocs, a bit like a certain court in Washington”: D.J. Tice has this essay online at The Minneapolis Star Tribune.

        Posted at 9:03 PM by Howard Bashman



        “The Supreme Court Still Refuses to Acknowledge Systemic Racism; Ending qualified immunity is important, but a much more obscure yet monumental Supreme Court decision needs to be overturned”: Law professor Mark Kende and Dahlia Lithwick have this jurisprudence essay online at Slate.

        Posted at 9:00 PM by Howard Bashman



        “Why Isn’t the Supreme Court on Twitter? The high court’s low profile on social media is a mistake — and a missed opportunity”: Matt Ford recently had this post online at The New Republic.

        Posted at 8:54 PM by Howard Bashman



        Saturday, July 4, 2020

        “Rare R.I. Supreme Court vacancy raises questions of race, power; Contenders include a powerful state senator and a trial court judge who would be the first person of color on the high court”: Edward Fitzpatrick of The Boston Globe has this report.

        Posted at 9:00 PM by Howard Bashman



        “How the Supreme Court could overturn Roe — while claiming to respect precedent; Conservatives could build on abortion restrictions that point to ‘scientific uncertainty'”: Law professor Mary Ziegler has this essay online at The Washington Post.

        Posted at 8:47 PM by Howard Bashman



        “Trump Says He Will Create a Statuary Park Honoring ‘American Heroes’; The executive order includes John Adams, Harriet Tubman and Martin Luther King Jr. among those who would be honored; So would Billy Graham, Antonin Scalia and Ronald Reagan”: Michael Crowley of The New York Times has this report.

        Posted at 5:12 PM by Howard Bashman



        “UW College of Law Postpones Visit by U.S. Supreme Court Associate Justice Neil Gorsuch”: The University of Wyoming on Thursday issued a news release that begins, “The University of Wyoming College of Law has postponed the campus visit of United States Supreme Court Associate Justice Neil Gorsuch amid the public health situation concerning the novel coronavirus COVID-19.”

        Posted at 2:50 PM by Howard Bashman



        “A New Direction For The Hawaii Supreme Court? Gov. David Ige will get a chance to name a new member to the state’s highest court with the retirement of Richard Pollack.” Chad Blair of Honolulu Civil Beat has this report.

        Posted at 2:48 PM by Howard Bashman



        “Meet the Supreme Court’s current most unpredictable member; Inconsistency has been all too consistent a pattern when it comes to judges nominated by Republicans”: Columnist Cal Thomas has this essay online at Fox News.

        Posted at 2:35 PM by Howard Bashman



        “Supreme Court ruling in Louisiana case sets back abortion foes’ hopes of overturning Roe v. Wade”: Tala Hadavi of CNBC has this report.

        Posted at 2:33 PM by Howard Bashman



        Friday, July 3, 2020

        “The GOP traded its principles for conservative judges. It was a bad deal. If Republicans lose the White House in 2020, they’ll have to ask whether they paid too high a price.” Bill Scher has this essay online at The Washington Post.

        Posted at 10:16 PM by Howard Bashman



        “Don’t upset yourselves, conservatives. John Roberts hasn’t gone dangerously rogue.” Columnist Ruth Marcus has this essay online at The Washington Post.

        Posted at 10:14 PM by Howard Bashman



        “Trump’s trying to end Obamacare but there’s emerging evidence it could undo him; A win for the ACA in Oklahoma points to growing tension between the president and his base on health care”: Sahil Kapur of NBC News has this report.

        Posted at 7:52 PM by Howard Bashman



        “Why the CFPB’s loss at the Supreme Court is really a win”: Richard Cordray, who served as the first director of the Consumer Financial Protection Bureau, has this op-ed in today’s edition of The Washington Post.

        Posted at 5:17 PM by Howard Bashman



        “US Supreme Court’s rulings on gays, immigrants benefit environmental cases”: Bob Egelko of The San Francisco Chronicle has this report.

        Posted at 2:00 PM by Howard Bashman



        “The Supreme Court just handed down some truly awful news for voting rights; Voting rights during the pandemic are in deep trouble thanks to this Supreme Court”: Ian Millhiser has this essay online at Vox.

        Posted at 1:40 PM by Howard Bashman



        “Cory T. Wilson was sworn in as a judge of the Fifth Circuit Court of Appeals the morning of July 3, 2020.” So advises a reliable source who also happens to be a longtime reader of “How Appealing.”

        Posted at 1:30 PM by Howard Bashman



        “Women Are Being Written Out of Abortion Jurisprudence; This week’s decision shows how much this has turned into a process debate”: Dahlia Lithwick has this jurisprudence essay online at Slate.

        Posted at 10:32 AM by Howard Bashman



        “The Trump Administration Is Set To Resume Executions In Two Weeks. There’s A Last-Ditch Effort To Stop It. Federal death row inmates are asking a judge to intervene on new legal grounds after the US Supreme Court refused to get involved. The ACLU is also suing.” Zoe Tillman of BuzzFeed News has this report.

        And online at Slate, Jeremy Stahl has a jurisprudence essay titled “The Fight to Stop Federal Executions Isn’t Over.”

        Posted at 10:28 AM by Howard Bashman



        Thursday, July 2, 2020

        “Going After Qualified-Immunity Appeals; If qualified immunity sticks around in its present or an altered form, the rules governing qualified-immunity appeals rules will need to change”: Bryan Lammon has this post at his “final decisions” blog.

        Posted at 9:00 PM by Howard Bashman



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