How Appealing



Sunday, May 11, 2025

“David Souter Set an Example for the Supreme Court; A former clerk of the justice writes that his career stands as a model for the court to emulate to survive the dangers it is facing”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:58 AM by Howard Bashman



“Judges warn Trump’s mass deportations could lay groundwork to ensnare Americans; Judges across the country continue to note that if courts don’t protect the rights of the least popular and most vulnerable, everyone is at risk”: Kyle Cheney of Politico has this report.

Posted at 10:55 AM by Howard Bashman



“Birthright citizenship tests Supreme Court’s willingness to let courts block Trump; President Trump is counting on the Supreme Court to limit the ability of judges to put his policies on hold while they’re being challenged”: Maureen Groppe of USA Today has this report.

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court confronts Trump power grab; The Supreme Court’s review of Trump’s plan to end birthright citizenship for some immigrants could become a broader referendum on judicial authority.”

Posted at 10:38 AM by Howard Bashman



“Britain tries to make sense of landmark ruling on transgender people; The Supreme Court ruled that only biological women are women; Now British institutions are trying to figure out what that means”: William Booth of The Washington Post has this report.

Posted at 10:33 AM by Howard Bashman



“Friends reflect on Souter’s role in civic fabric of the state: ‘He loved New Hampshire deeply.’” Todd Bookman and Kate Dario of New Hampshire Public Radio have this report.

Posted at 10:28 AM by Howard Bashman



“Republicans are attempting to boot three Democratic justices from the Pa. Supreme Court — and for the first time, Dems are worried; Will Elon Musk get involved with Pennsylvania’s November election? These usually sleepy judicial races have Democrats worried.” Gillian McGoldrick of The Philadelphia Inquirer has this report.

Posted at 10:20 AM by Howard Bashman



Friday, May 9, 2025

“David Souter: A modest jurist from a bygone era; The Supreme Court justice shaped today’s court more than any other jurist.” Columnist David Von Drehle has this essay online at The Washington Post.

Posted at 8:55 PM by Howard Bashman



“The Case of District Judges vs. Trump: They’re the only officials besides the president who exercise constitutional authority unilaterally, particularly when they issue nationwide injunctions; James C. Ho of the Fifth Circuit says they often abuse that power.” James Taranto will have this new installment of The Weekend Interview in Saturday’s edition of The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Justice David Souter, Who Traded White Marble for the White Mountains; Retiring at just 69 after two decades on the Supreme Court, the justice left a legacy of case-by-case judging, intellectual rigor and a complete lack of pretension”: Adam Liptak of The New York Times has this Supreme Court Memo.

Posted at 8:37 PM by Howard Bashman



“Statements from the Supreme Court Regarding the Death of Retired Associate Justice David Souter”: Available online at this link.

Posted at 8:10 PM by Howard Bashman



“Bonus 147: Shell Games and Nationwide Injunctions; The Trump administration’s geographic gamesmanship with immigration detainees crystallizes the need for the Supreme Court to preserve (at least some) nationwide injunctions.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 4:51 PM by Howard Bashman



“Pa. Appeals Court Upholds $177.3M Roundup Judgment; The three-judge panel soundly rejected a litany of challenges Monsanto lodged against the verdict in Caranci v. Monsanto, including a defense the company has pushed aggressively throughout the broader Roundup litigation”: Aleeza Furman of The Legal Intelligencer has this report on a ruling that a unanimous three-judge panel of the Superior Court of Pennsylvania issued yesterday.

Posted at 4:10 PM by Howard Bashman



“Souter’s Leftward Turn Changed Future Supreme Court Nominations; Bush nominated Souter, known as ‘stealth nominee,’ in 1990; Souter quickly disappointed conservatives with vote to uphold Roe v. Wade”: Tiana Headley and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 1:36 PM by Howard Bashman



“Justice Sotomayor Says Lawyers Must ‘Stand Up’ and ‘Fight This Fight’; In pointed remarks, the justice told an audience of hundreds of lawyers that she had joined them as ‘an act of solidarity’”: Adam Liptak of The New York Times has this report.

Lawrence Hurley of NBC News reports that “Justice Sonia Sotomayor urges lawyers to ‘stand up’ amid Trump tumult; The liberal justice spoke at an event hosted by the American Bar Association, a legal group that has been targeted by the Trump administration.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Justice Sotomayor Stands in ‘Solidarity’ with Embattled ABA; Can’t stand to lose the battles we face, Sotomayor said; Group has come under attack by Trump administration.”

Posted at 1:26 PM by Howard Bashman



“Justice Souter’s Papers Will Be Available In The Year 2075; The Justice was ’emphatic’ that his papers would be available only fifty years after his death”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:00 PM by Howard Bashman



“David H. Souter, Republican Justice Who Allied With Court’s Liberal Wing, Dies at 85; He left conservatives bitterly disappointed with his migration from right to left, leading to the cry of ‘no more Souters’”: The New York Times has published this obituary written by Linda Greenhouse.

The Public Information Office of the U.S. Supreme Court issued this news release today.

Posted at 11:32 AM by Howard Bashman



Thursday, May 8, 2025

“President Biden’s and the Democrats’ Assault on the Supreme Court and the Rule of Law; Democrats tried to alter unconstitutionally the membership of the Supreme Court; they extorted Facebook into censoring free speech; they issued presidential executive orders unsupported by statute; and they pushed unprecedented prosecutions of Biden’s predecessor in office, and his 2024 opponent, in the presidential race”: Steven Calabresi has this post at “The Volokh Conspiracy.”

Posted at 9:00 PM by Howard Bashman



“Trump replaces D.C. U.S. attorney Ed Martin with Fox News host Jeanine Pirro; The president yielded to Senate Republican criticism of Martin’s support for Jan. 6 riot defendants accused of assaulting police, including one rioter with Nazi sympathies”: Spencer S. Hsu, Patrick Svitek, and Keith L. Alexander of The Washington Post have this report.

Maggie Haberman and Glenn Thrush of The New York Times report that “Trump Names Jeanine Pirro as Interim U.S. Attorney in Washington; The Fox News personality has known the president for decades and would provide him with a reliable line into a crucial prosecutors office in the Justice Department.”

Glenn Thrush, Alan Feuer, Maggie Haberman, and Devlin Barrett of The New York Times report that “Trump Withdraws U.S. Attorney Nominee, Whose Extremism Tested Limits for G.O.P. Senators; The means of Ed Martin’s ascent as the leading prosecutor for the U.S. attorney’s office in Washington was his path out of power.”

And Sadie Gurman of The Wall Street Journal reports that “Trump Picks Fox News Host Jeanine Pirro as Washington, D.C.’s Top Federal Prosecutor; President abandoned his original nominee for the role, Ed Martin, over Republican pushback.”

Posted at 8:40 PM by Howard Bashman



“Venerable New York Firm That Struck a Deal With Trump Is Losing Lawyers; Cadwalader avoided a punitive executive order but the accord has left the firm in turmoil”: Erin Mulvaney of The Wall Street Journal has this report.

Posted at 8:33 PM by Howard Bashman



“El Salvador wants America’s prisoners. And its tourists. Bukele’s government sees surf tourism and mass incarceration as growth opportunities.” Natalie B. Compton of The Washington Post has this report.

Posted at 8:22 PM by Howard Bashman



Wednesday, May 7, 2025

“America Needs More Judges Like Judge Myers; He did the right thing in North Carolina’s Supreme Court fight, and he deserves praise”: Law professor Richard L. Hasen has this essay online at The Atlantic.

Posted at 9:55 PM by Howard Bashman



“Trump’s Law Firm Deals Aren’t Working Out How He Hoped; Law firms that caved to Donald Trump are revealing they have ways to wriggle out of the deals”: Edith Olmsted has this essay online at The New Republic.

Posted at 9:44 PM by Howard Bashman



“Courts Must ‘Check the Excesses’ of Congress and the President, Roberts Says; The chief justice, in rare public remarks, defended judicial independence before a crowd of lawyers and judges”: Abbie VanSickle of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Chief justice touts judicial independence, rejects impeaching judges; The court system, which is facing attacks from Trump, must be able to ‘check the excesses of Congress or the executive,’ Chief Justice John G. Roberts Jr. says.”

Maureen Groppe of USA Today has an article headlined “Called out by Trump for how he leads the Supreme Court, John Roberts is fine keeping a low profile; Chief Justice John Roberts sidestepped a chance to draw more attention to himself by not going beyond his previous comments about Trump’s attacks on the judiciary.”

Lawrence Hurley of NBC News reports that “Chief Justice John Roberts defends independent judiciary as Trump officials criticize courts; Speaking in Buffalo, the Supreme Court justice said judges sometimes have to ‘check the excesses’ of the president and Congress.”

John Fritze of CNN reports that “Chief Justice John Roberts stresses judicial independence amid tensions with Trump.”

Andrew Chung of Reuters reports that “US Chief Justice Roberts underscores defense of judiciary amid Trump’s attacks.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Chief Justice Roberts Says Judge’s Job Is Checking Other Branches; Roberts again denounced calls to impeach judges over decisions; Has no plans to retire, will leave ‘feet first.’

C-SPAN has posted online a video titled “Chief Justice Roberts Participates in Fireside Chat in Buffalo, NY.”

Posted at 9:40 PM by Howard Bashman