Supreme Court Behavior Beyond Originalism: Analyzing Recent Decisions and Implications

Welcome to this week’s roundup collected from Howard Bashman’s How Appealing blog, the web’s premier resource dedicated to appellate litigation.

Marc O. De Girolami, a law professor, contributes a guest essay for The New York Times, considering an explanation for the Supreme Court’s behavior outside of Originalism.

According to Daniel Moore of Bloomberg Law, the US’ nuclear waste storage efforts could be headed for Supreme Court review following an intensifying legal battle. The Fifth Circuit voided licenses for Texas and New Mexico sites, which Moore discusses in his report. This conversation follows an unpublished decision issued Wednesday by the U.S. Court of Appeals for the Fifth Circuit.

Law professors Reva Siegel and Mary Ziegler pen a Jurisprudence essay for Slate, discussing conservatives’ increasing open dialogue about a national abortion ban.

The New York Times’ J. David Goodman reports on a recent decision by the appeals court to maintain the block on Texas’ migrant arrest law. The decision, favoring the federal government, keeps the trial court injunction intact as the courts decide on the measure’s legality. Read his report.

Last but not least, Dahlia Lithwick and Mark Joseph Stern present a Jurisprudence essay at Slate, discussing the impending attack on abortion pills.

You can churn through these stories and more at How Appealing blog.