How Appealing



Friday, May 23, 2025

“Phila. Law Firm Evades Disqualification Over ‘Questionable’ Document Procurement; Toll Brothers sought Horn Williamson’s disqualification from the litigation after discovering that the firm had improperly obtained information about confidential settlements the defendants had entered in similar cases in the past”: Aleeza Furman of The Legal Intelligencer has this report on a unanimous, non-precedential decision that a three-judge panel of the Superior Court of Pennsylvania issued yesterday.

I briefed and argued this appeal on behalf of the Horn Williamson law firm.

Update: In other coverage, Ryan Boysen of Law360 reports that “Philly Firm Dodges DQ Despite ‘Troubling’ Discovery Conduct” (subscription required for full access).

Posted at 3:06 PM by Howard Bashman



“SCOTUS Clerk Hiring Watch: OT 2025 And Beyond; Will Justices Thomas or Alito retire under Trump? I’m betting against it.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:25 PM by Howard Bashman



Thursday, May 22, 2025

“James Ho Understands What Trump Wants In a Supreme Court Justice; Getting on this White House’s Supreme Court shortlist is a matter of showing that you will be loyal to the president above all else”: Jay Willis has this essay online at Balls and Strikes.

Posted at 10:12 PM by Howard Bashman



“Julia Grant ’23 To Clerk at U.S. Supreme Court; Former Clinic Student Will Work for Justice Brett Kavanaugh”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 9:50 PM by Howard Bashman



“Ed Martin’s failed bid for U.S. attorney revealed the limits of Trump’s power; The unsuccessful nomination revealed a shifting relationship between the president and GOP senators — and Trump’s willingness to walk away from a protracted fight”: Martine Powers and Spencer S. Hsu of The Washington Post have this report.

Posted at 9:44 PM by Howard Bashman



“Bonus 152: Judge Ho, Due Process, and ‘Disrespect’; Some thoughts on Judge Ho’s rather galling claim that the Supreme Court ‘disrespect[ed]’ the district court and the President in Friday’s ruling in the ‘A.A.R.P. II’ Alien Enemies Act case.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:35 PM by Howard Bashman



“Supreme Court Lets Trump, for Now, Remove Agency Leaders; An appeals court previously ruled that a key 1935 precedent, long in the cross hairs of the conservative legal movement, meant the officials could keep their jobs”: Adam Liptak and Abbie VanSickle of The New York Times have this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court allows Trump to fire independent regulators for now; The order, which drew a sharp dissent from the three liberal justices, powerfully endorsed President Donald Trump’s authority over the federal bureaucracy.”

David G. Savage of The Los Angeles Times reports that “Supreme Court upholds for now Trump’s firing of two independent agency officials.”

Jess Bravin and Nick Timiraos of The Wall Street Journal report that “Supreme Court Lets Trump Fire Agency Officials, but Moves to Protect Fed; Order suggests justices will soon eliminate congressional power to insulate agencies from the White House.”

And Stephen Dinan of The Washington Times reports that “Supreme Court grants Trump broad powers to fire agency leaders.”

You can access today’s order of the U.S. Supreme Court, and the dissent therefrom, at this link.

Posted at 9:27 PM by Howard Bashman



“Republican Bill Would Limit Judges’ Contempt Power; Democrats have argued that House Republicans’ measure would rob courts of their power by stripping away any consequences for officials who ignore judges’ rulings”: Michael Gold of The New York Times has this report.

Posted at 9:07 PM by Howard Bashman



“Deadlocked Supreme Court Rejects Bid for Religious Charter School in Oklahoma; In a 4-to-4 decision, the court upheld a ruling by the Oklahoma Supreme Court that blocked the school”: Abbie VanSickle and Sarah Mervosh of The New York Times have this report.

Justin Jouvenal, Laura Meckler, and Ann E. Marimow of The Washington Post report that “Supreme Court deadlocks, blocking creation of first religious public school; With only eight justices voting, the 4-4 tie leaves in place an Oklahoma Supreme Court ruling that a public religious charter school would violate the separation of church and state.”

David G. Savage of The Los Angeles Times reports that “Supreme Court splits 4-4, blocking first religious charter school in Oklahoma.”

Jess Bravin and Matt Barnum of The Wall Street Journal report that “Supreme Court Deadlock Blocks State Funding for Religious Charter Schools; The 4-4 vote, with Justice Amy Coney Barrett recusing herself, delivers an unexpected setback for social conservatives.”

Maureen Groppe of USA Today reports that “Supreme Court blocks Catholic charter school in big setback for religion advocates.”

Alex Swoyer and Stephen Dinan of The Washington Times report that “Divided Supreme Court affirms Oklahoma decision to block nation’s first religious charter school.”

And Mark Walsh of Education Week reports that “Religious Charter School Blocked After Supreme Court Deadlock.”

You can access today’s per curiam decision of the U.S. Supreme Court at this link.

Posted at 8:53 PM by Howard Bashman



“Pa. Justices To Mull State DOT Liability For Hanging Branches”: Matthew Santoni of Law360 has this report (subscription required for full access).

My recent earlier post about this case can be accessed here.

Posted at 12:53 PM by Howard Bashman



Wednesday, May 21, 2025

“How Trump Officials Debated Handling of the Abrego Garcia Case: ‘Keep Him Where He Is’; A Maryland man’s deportation to El Salvador set off a fierce debate among officials in three cabinet agencies, despite agreement there had been a mistake.” Hamed Aleaziz and Alan Feuer of The New York Times have this report.

Posted at 10:06 PM by Howard Bashman



“Trump 2.0 and the Supreme Court Reform Debate; Does the left’s turn to the courts in response to the Second Trump Administration’s excesses show advocates of structural reform of the Supreme Court were wrong?” Dan Epps has this post at the “Divided Argument” Substack site.

Posted at 9:50 PM by Howard Bashman



“SCOTUS Is About to Suffer Buyers Remorse, Again: They decided to tackle the very messy question of nationwide injunctions instead of answering the easy, obviously unconstitutional issue.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 9:46 PM by Howard Bashman



“Reasonable Minds in AARP v. Trump; In defense of Wes Hendrix — and the U.S. Supreme Court”: William Baude has this post at the “Divided Argument” Substack site.

Posted at 9:18 PM by Howard Bashman



The Pa. Supreme Court today granted review to decide “Whether the Commonwealth’s waiver of sovereign immunity under the real estate exception allows recovery against PennDOT where the defective, rotted, and diseased portion of a tree that failed, fatally injuring a motorist traveling below, was located directly above PennDOT’s roadway and within PennDOT’s right-of-way”: You can access the order granting review at this link.

And you can access the Petition for Allowance of Appeal that I filed in this case, on behalf of the plaintiff, at this link.

Posted at 9:04 PM by Howard Bashman



Tuesday, May 20, 2025

Programming note: On Wednesday, I am scheduled to argue an appeal before a nine-judge en banc panel of the Superior Court of Pennsylvania. This will be my second en banc oral argument before that court, but the first one in-person, as the previous one occurred via video during the Covid lockdown.

I originally argued this case before a three-judge Pa. Superior Court panel on June 26, 2024. That three-judge panel never issued a ruling. Instead, the Pa. Superior Court issued an order granting en banc review of the case on November 15, 2024.

As a result, additional posts will appear here on Wednesday night.

Posted at 10:09 PM by Howard Bashman



“Rep. Laurel Libby regains right to vote in House from Supreme Court; The nation’s highest court sides with the Republican lawmaker who was blocked from voting after she identified a transgender student athlete in a critical social media post”: Randy Billings of The Portland (Me.) Press Herald has this report.

Abbie VanSickle of The New York Times reports that “Supreme Court Orders Maine House to Restore Voting Power to Censured Lawmaker, for Now; State Representative Laurel Libby, a Republican, had been banned from voting over comments opposing transgender athletes in girls’ sports.”

Justin Jouvenal of The Washington Post reports that “Supreme Court for now overturns Maine official’s censure on trans sports; Maine lawmakers stripped voting rights from state Rep. Laurel D. Libby (R) after her online post about a transgender high school pole vaulter.”

Jan Wolfe of The Wall Street Journal reports that “Supreme Court Backs Maine Republican Censured for Transgender-Athlete Post; Justices grant emergency reprieve to state Rep. Laurel Libby, who was prohibited from voting while the punishment was in place.”

And Mark Walsh of Education Week reports that “Supreme Court Gives Relief to Maine Legislator in Transgender Sports Controversy.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 9:45 PM by Howard Bashman



“A Supreme Court Injustice to a District Judge; Justice Alito’s dissent gets it right: James Hendrix handled the Alien Enemies Act case commendably.” Law professor Paul G. Cassell will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 9:27 PM by Howard Bashman



“The Supreme Court’s Last Chance to Rein in Universal Injunctions; The measures block the enforcement of laws nationwide, making it increasingly difficult for presidents to govern”: Michael A. Fragoso has this essay online at City Journal.

Posted at 9:15 PM by Howard Bashman



“Supreme Court ruling on TPS stuns South Florida, leaves Venezuelan families in fear”: Verónica Egui Brito, Sonia Osorio, Grethel Aguila, Nora Gámez Torres, and Syra Ortiz Blanes of The Miami Herald have this report.

And Christine Armario of The Washington Post reports that “Supreme Court ruling on Venezuelans ripples through Miami’s ‘Doralzuela’; Venezuelans have long considered the Miami suburb of Doral their refuge. Trump’s immigration crackdown is calling that into question.”

Posted at 9:14 PM by Howard Bashman



“Five years after George Floyd’s death, calls to reform qualified immunity mostly fall silent; Police officers continue to benefit from the legal defense that helps them fend off civil rights claims, including allegations of using excessive force”: Lawrence Hurley of NBC News has this report.

Posted at 1:40 PM by Howard Bashman



“Justice Jay Mitchell resigns from Alabama Supreme Court to run for Attorney General in 2026”: Grayson Everett of Yellowhammer has this report.

Posted at 1:06 PM by Howard Bashman



“Liberal Chris Taylor to challenge conservative Wisconsin Supreme Court Justice Rebecca Bradley in 2026”: Alison Dirr and Molly Beck of The Milwaukee Journal Sentinel have this report.

Posted at 1:04 PM by Howard Bashman



“Who Gets to Be an American? Since the earliest days of the Republic, American citizenship has been contested, subject to the anti-democratic impulses of racism, suspicion, and paranoia.” Michael Luo has this essay online at The New Yorker.

Posted at 12:56 PM by Howard Bashman



“Justices Give Alternative Path to Block Trump Orders Nationwide; ‘Quiet bombshell’ dropped on fight over nationwide injunctions; Relief available to parties in proposed class actions”: Lydia Wheeler of Bloomberg Law has this report.

Posted at 12:54 PM by Howard Bashman