Key Developments in Appellate Litigation: Supreme Court Abortion Ruling, Diversity Program Lawsuits, and Judicial Recusals


In this week’s How Appealing Weekly Roundup, several significant appellate litigation stories are highlighted, capturing a range of topics that could be pivotal for legal professionals. Howard Bashman’s renowned How Appealing blog, the first dedicated to appellate litigation on the web, collects these crucial updates and more.

Ann E. Marimow and Caroline Kitchener of The Washington Post delve into the ongoing legal battle concerning abortion pills and discuss how conservative states might become involved if the Supreme Court’s ruling deems anti-abortion doctors lack standing to sue. Their detailed analysis can be found here.

A division within US appellate courts over the standards for lawsuits opposing diversity programs is another major issue. Alison Frankel’s column “On the Case” for Reuters provides insight into this judicial split, exploring the implications for future litigation. For an in-depth read, visit this post.

Jacqueline Thomsen of Bloomberg Law reports on Ninth Circuit Judge Ryan Nelson’s recusal from a case involving Palestinian aid due to his wartime trip to Israel. This move raises questions on judicial impartiality and the boundaries between personal experiences and professional duties. The full story is available here.

Adam Feldman’s “Empirical SCOTUS” blog examines the increasing trend of concurring opinions in the Supreme Court, a topic of particular interest for appellate practitioners analyzing judicial behaviors and decisions. The blog post can be accessed here.

Shawn Musgrave’s recent report for The Intercept explores Leonard Leo’s financial influence over law schools, including a failed $25 million research center at Cornell and redirected funding to Texas A&M. Musgrave’s article scrutinizes the implications of dark money in legal education. For further details, read the report here.

Lastly, Washington Post media critic Erik Wemple discusses how deference to Justice Alito led to The Washington Post missing a scoop that ultimately went to the New York Times, offering insights into the complex relationship between the judiciary and media. Wemple’s essay is available here.

For these stories and more, visit the full “How Appealing Weekly Roundup” at Above the Law.