“Debunking Trump’s Bullsh*t Legal Arguments for Invading Venezuela”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
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Monday, January 12, 2026
“Debunking Trump’s Bullsh*t Legal Arguments for Invading Venezuela”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube. Posted at 8:50 AM by Howard Bashman“The Marshal and the Margarine”: You can access today’s new episode of the “Divided Argument” podcast via this link. Posted at 8:44 AM by Howard Bashman“202. The Timing of Rulings in Argued Cases: Except in highly unusual circumstances or at the very end of each June, the Supreme Court’s internal norms make it hard to be confident about which decisions in argued cases will be handed down when.” Steve Vladeck has this post at his “One First” Substack site. Posted at 8:40 AM by Howard BashmanSunday, January 11, 2026
“The Justices Can Rein In Rogue State Courts; Congress has repeatedly enacted laws to give federal judges jurisdiction over federal officials and policies”: U.S. Senator Mike Lee (R-UT) has this essay online at The Wall Street Journal. Posted at 8:36 PM by Howard Bashman“Trump Says Civil Rights Led to White People Being ‘Very Badly Treated’; President Trump’s comments were a blunt distillation of his administration’s racial politics, which rest on the belief that white people have become the real victims of discrimination in America”: Erica L. Green of The New York Times has this report. And in related commentary, in Monday’s edition of The Wall Street Journal, law professor Richard Sander and Henry Kim will have an op-ed titled “Affirmative Action Is Finally Waning; Law-school data shows that racial preferences have diminished since the justices’ 2023 decision.” Posted at 8:33 PM by Howard Bashman“Meet the 92-Year-Old Judge Presiding Over the Trial of Venezuela’s Nicolás Maduro; Despite Judge Alvin Hellerstein’s respected record, his age is raising questions about his ability to preside over a matter that could drag on for years”: Corinne Ramey, Lydia Wheeler, and C. Ryan Barber of The Wall Street Journal have this report. Posted at 8:20 PM by Howard Bashman“Help Federal Judges Protect Themselves; Active members of the judiciary seldom endorse legislation, but we’re making an exception for Sen. Tom Cotton’s bill”: Eleventh Circuit Judge Elizabeth L. Branch, D.C. Circuit Judge Robert L. Wilkins, and U.S. District Judge Trevor N. McFadden (D.D.C.) will have this op-ed in Monday’s edition of The Wall Street Journal. You can view the text of the proposed legislation via this link. Posted at 8:17 PM by Howard Bashman“Trump’s first-year actions sparked a fiery legal war, and stunning rebukes from judges”: Kevin Rector of The Los Angeles Times has this report. Posted at 8:05 PM by Howard Bashman“Eyes are on Gorsuch as Supreme Court weighs rights of trans athletes; The conservative justice has provided the key swing vote on recent cases involving gay and transgender rights”: Julian Mark of The Washington Post has this report. And John Fritze and Devan Cole of CNN have a report headlined “This high school sophomore is aiming for a Supreme Court upset in transgender sports case.” Posted at 8:00 PM by Howard Bashman“How Judges Are Using AI to Help Decide Your Legal Dispute: The technology is helping summarize legal filings, prepare for hearings and map out decisions.” Erin Mulvaney of The Wall Street Journal recently had this report. Posted at 7:55 PM by Howard Bashman“Judicial Notice (01.11.26): Who’s Your Lawyer? One 50-year-old firm goes bust, two lawyers tussle over repping Maduro, three partners leave Cravath — and SCOTUS releases this Term’s first opinion in an argued case.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 7:41 PM by Howard Bashman“Supreme Court to Hear Case on Louisiana’s Eroding Coast; Local governments are suing oil companies over environmental damage; The companies want the suits moved out of state courts, to friendlier venues”: Karen Zraick and Abbie VanSickle of The New York Times have this report. Posted at 1:58 PM by Howard Bashman“Guantánamo Prison Enters 25th Year; The prison has outlasted the war in Afghanistan, has employed tens of thousands of temporary troops and holds six men charged but not yet tried in death penalty cases”: Carol Rosenberg of The New York Times has this report. Posted at 1:56 PM by Howard Bashman“Trump’s ‘Superstar’ Appellate Judges Have Voted 133 to 12 in His Favor; President Trump promised to fill the appeals courts with ‘my judges’; They have formed a nearly united phalanx to defend his agenda from legal challenges”: Mattathias Schwartz and Emma Schartz of The New York Times have this report. Posted at 1:12 PM by Howard Bashman“Good Grief: The Supreme Court tells us why the defense of a fatal ICE shooting is nonsense.” Reynolds Holding has this post at his “Better Judgment” Substack site. Posted at 1:04 PM by Howard BashmanSaturday, January 10, 2026
“Charlie Adelson gets his day in court with appeal, but he won’t be there”: Jeff Burlew of The Tallahassee Democrat has this report. Posted at 8:27 PM by Howard Bashman“Renee Good and Trump’s Age of Immunity: Tracing the killing in Minneapolis and Trump’s imperial ambitions back to the desk of John Roberts.” You can access today’s new episode of Slate’s “Amicus” podcast via this link. Posted at 8:20 PM by Howard Bashman“The War Over a Weedkiller Might Be Headed to the Supreme Court; Bayer has asked the justices to decide whether federal law shields the company from lawsuits over its Roundup herbicide and cancer; Democrats and MAHA activists aren’t happy”: Hiroko Tabuchi of The New York Times has this report. Posted at 1:45 PM by Howard Bashman“Tom Goldstein’s Defense Hinges on Giving the Jury Good Guy Vibes”: Holly Barker of Bloomberg Law has this report. And Jack Karp of Law360 has a report headlined “Meet The Md. Federal Judge In Goldstein’s Tax Crimes Trial” (subscription required). You can access at this link the order that the U.S. District Court for the District of Maryland issued yesterday addressing various motions. Posted at 1:24 PM by Howard Bashman“How an Attack on Obamacare Saved Abortion in Wyoming; In the most conservative state in the U.S., libertarianism can lead in surprising directions”: Ruth Marcus has this essay online at The New Yorker. Posted at 1:20 PM by Howard BashmanFriday, January 9, 2026
“A Big Oil Case at the Supreme Court; Louisiana’s trial bar and politicians try to loot Chevron in state court”: This editorial will appear in Saturday’s edition of The Wall Street Journal. Also in Saturday’s edition of that newspaper, Daniel J. Erspamer will have an op-ed titled “From the Swamps of Louisiana to the Supreme Court; The state’s economy, the Trump energy agenda and the rule of law are on the line in the Chevron case.” Posted at 10:02 PM by Howard Bashman“Hotel dispute with Trump administration tests rarely cited constitutional rights; Would the Third Amendment apply to Minnesota hotel owners who refused to accommodate ICE agents? The answer is unclear, say legal experts — but the Constitution’s least-cited amendment may remain a relevant check on expanding executive authority.” Benjamin S. Weiss of Courthouse News Service has this report. Posted at 9:30 PM by Howard Bashman“Luigi Mangione federal murder trial could start as early as October; If Mangione’s case remains death penalty-eligible, the start date could be pushed further to early 2027”: Erik Uebelacker of Courthouse News Service has this report. And David Voreacos and Patricia Hurtado of Bloomberg News report that “Mangione Could Face US Murder Trial This Year, Judge Says.” Posted at 9:21 PM by Howard Bashman“Supreme Court, Swamped by Emergencies, Neglects Rest of Docket; Only once in the modern era have the justices taken this long to issue their first decision — and when it came, it wasn’t the hotly anticipated case on President Trump’s tariffs”: Adam Liptak of The New York Times has this report. Holly Barker of Bloomberg Law reports that “Supreme Court Resolves Split Over Federal Inmates’ Habeas Rights.” And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court axes ‘artificial’ limit blocking relief for federal prisoners; A Florida man’s complex jurisdictional appeal forced the justices to wrestle with whether Congress could strip the high court of authority to reign supreme over federal law.” Posted at 9:14 PM by Howard Bashman“The Allegedly ‘Pro-Rich’ Supreme Court: The media’s hot new study reveals its progressive premises, not reality.” The Wall Street Journal has published this editorial. Posted at 8:44 PM by Howard Bashman“Supreme Court Clerk Hiring Watch: Happy New Hires; The latest SCOTUS clerk hires, a cornucopia of scholarship related to Supreme Court clerks and clerkships, and an ethics question from Reddit.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 4:12 PM by Howard Bashman“No tariff opinion”: Mark Walsh has this View from the Court post at “SCOTUSblog.” Posted at 3:33 PM by Howard Bashman“Motion to Dismiss Counts Two through Six and Fifteen by USA as to Thomas C. Goldstein”: Federal prosecutors filed this motion yesterday in the U.S. District Court for the District of Maryland. Also yesterday, defense counsel filed a response to the federal government’s Motion in Limine to Preadmit Goldstein’s Statements from NYT Magazine Article. Posted at 3:31 PM by Howard Bashman“Court throws out Sept.11-era convictions on First Amendment grounds; Ali Al-Timimi was convicted of encouraging people to fight the U.S. overseas”: Josh Gerstein of Politico has this report. And Joe Dodson of Courthouse News Service reports that “Fourth Circuit clears Muslim scholar who encouraged jihad after 9/11; An appeals panel ordered a lower court to acquit Ali Al-Timimi after he spent over two decades in custody for his role in encouraging fellow Muslims to fight alongside the Taliban.” You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 3:08 PM by Howard Bashman“Supreme Court Audition Watch: James Ho Is In a Dark, Desperate Place; The federal judiciary’s sweatiest blogger is back with even more thoughts about ‘cultural elites.’” Jay Willis has this post at his “Balls & Strikes” Substack site. Posted at 12:55 PM by Howard BashmanThursday, January 8, 2026
“Supreme Court asked to block California law against outing trans students; A Catholic legal group contends the state law violates parents’ religious rights”: Josh Gerstein of Politico has this report. Posted at 10:16 PM by Howard Bashman“AG McCuskey prepares to defend West Virginia law protecting sports for biological girls, women at U.S. Supreme Court”: Steven Allen Adams of The Parkersburg News and Sentinel has this report. Posted at 10:14 PM by Howard Bashman“Here Are Trump’s Options If the Supreme Court Says His Tariffs Are Illegal”: Isabel Gottlieb of Bloomberg News has this report. Posted at 10:11 PM by Howard Bashman“Progressive Complaints About the Supreme Court Are Getting Weird; How can the Roberts Court’s deference to democratic decision-making be a threat to democracy?” Law professor Jacob Eisler has this essay online at City Journal. Posted at 10:10 PM by Howard Bashman“The Supreme Court made a mess out of gun laws”: Law professor Adam Winkler has this essay online at The Los Angeles Times. Posted at 10:07 PM by Howard Bashman |
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