How Appealing



Thursday, January 20, 2022

“NPR reporting on Supreme Court mask controversy merits clarification; An inaccurate verb choice made the reporting unclear”: NPR’s Public Editor Kelly McBride has this essay online at NPR.

Posted at 10:02 PM by Howard Bashman



“An After-Action Report on the Newsletter About Justice Gorsuch’s Mistake in the Vaccine/Testing Mandate Case: Yes, Justice Gorsuch made a mistake; And yes, it turned out to be tough to explain to the journalists.” Patterico has this post at his “The Constitutional Vanguard” Substack site.

Therein, he writes:

Bashman’s ‘How Appealing’ site is widely read in the federal court system, and I think it’s my best chance at getting Justice Gorsuch’s attention and (ideally) some sort of correction. I don’t know if he reads ‘How Appealing’ himself (maybe!) but a lot of law clerks do, including clerks at the Supreme Court. I have a feeling Bashman’s entry could find its way to Justice Gorsuch’s chambers.

In case you missed it, Patterico’s earlier post was titled “An Error in Justice Gorsuch’s Concurrence in the OSHA Vaccine Mandate Case; The Justice claimed OSHA took a past position that the agency did not actually take.”

Posted at 9:54 PM by Howard Bashman



“I Am Embarrassed for the Supreme Court; We are two weeks into this ridiculous scandal, but don’t let the absurdity distract from the deep awfulness of what has happened”: Dahlia Lithwick has this jurisprudence essay online at Slate.

Posted at 9:30 PM by Howard Bashman



“Gun store closures in early days of COVID-19 pandemic violated citizens’ rights, court rules”: Bob Egelko of The San Francisco Chronicle has this report.

Don Thompson of The Associated Press reports that “California’s COVID gun store shutdowns ruled illegal.”

And Avalon Zoppo of The National Law Journal has an article headlined “‘You’re Welcome’: 9th Circuit Judge Writes Alternative Opinion for Ruling on COVID Gun Shop Closures; Judge Lawrence VanDyke predicted the case alleging Second Amendment violations will be heard by the full court and wrote an ‘alternative draft opinion.’

My earlier coverage of today’s Ninth Circuit ruling can be accessed here.

Posted at 8:45 PM by Howard Bashman



“Working Through the End Days of Roe; The staff at the Jackson Women’s Health Organization is too busy to dread what’s very likely to come”: Bridget Read has this report online at The Cut, a publication of New York magazine.

Posted at 7:56 PM by Howard Bashman



“Since our court’s Second Amendment intermediate scrutiny standard can reach any result one desires, I figure there is no reason why I shouldn’t write an alternative draft opinion that will apply our test in a way more to the liking of the majority of our court.” Ninth Circuit Judge Lawrence VanDyke today issued an opinion striking down a California county’s gun regulation under the Second Amendment.

To celebrate the occasion, Judge VanDyke also issued a concurring opinion in the voice of that court’s more liberal majority predicting precisely how the en banc Ninth Circuit will reverse him, replete with mocking footnores.

Posted at 1:27 PM by Howard Bashman



“Jabbing the Administrative State: The vaccine mandate case could have major implications for the administrative state.” John O. McGinnis has this post at the “Law & Liberty” blog.

Posted at 1:03 PM by Howard Bashman



Access today’s ruling of the U.S. Supreme Court in an argued case: Justice Sonia Sotomayor delivered the opinion of the Court in Hemphill v. New York, No. 20-637. Justice Samuel A. Alito, Jr. issued a concurring opinion, in which Justice Brett M. Kavanaugh joined. And Justice Clarence Thomas issued a dissenting opinion. You can access the oral argument via this link.

Posted at 10:02 AM by Howard Bashman