How Appealing



Monday, March 16, 2026

“A president under siege lashes out at the checks on his power; The president’s Sunday night diatribe was most notable for his attacks on the highest court in the land”: Kyle Cheney of Politico has this report.

Posted at 2:08 PM by Howard Bashman



“The IEEPA Tariffs Are Gone. The Damage Is Done. Next time the courts face patently illegal tariffs, they should not wait so long to put an end to them.” Stratos Pahis has this post at the “Lawfare” blog.

Posted at 1:37 PM by Howard Bashman



“216. Taking the TPS Cases Seriously: Two emergency applications seeking to put especially cruel Trump administration immigration policies back into effect are a referendum on the judicial role — and on the emergency docket, in particular.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 1:36 PM by Howard Bashman



“In Case of Emergency: The Dubious Legality of Trump Allies’ Draft EO; Conservative activists say that declaring a national emergency would allow Trump to assert sweeping authority over elections. They’re wrong.” Anna Bower and Molly Roberts have this post at the “Lawfare” blog.

Posted at 1:34 PM by Howard Bashman



“Pick your poison: How hard is it to refund the tariffs?” Adam Unikowsky has this post at his “Adam’s Legal Newsletter” Substack site.

Posted at 1:33 PM by Howard Bashman



“Major Questions Doctrine and Its Bipartisan History; The major questions doctrine has been applied in an evenhanded manner”: Aaron L. Nielson has this post online at Civitas Outlook.

Posted at 1:30 PM by Howard Bashman



“The Situation: An Investigation Based on Vaporous, Speculative Malice; On a judge’s opinion, the U.S. attorney’s unhinged press conference, and the government’s almost empty brief.” Benjamin Wittes has this post at the “Lawfare” blog.

Posted at 1:29 PM by Howard Bashman



“A 95th birthday tribute to legendary SCOTUSblog reporter Lyle Denniston”: Amy Howe has this post at “SCOTUSblog.”

Posted at 1:14 PM by Howard Bashman



“Appeals Court Allows Trump Administration’s Third-Country Deportations, for Now; The administration’s policy of deporting people to South Sudan, Rwanda and other distant countries has been a striking attempt to create uncertainty for immigrants”: Mattathias Schwartz of The New York Times has this report.

You can view today’s order of a divided three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 1:07 PM by Howard Bashman



“Justice Dept. Struggles to Take Basic Steps in Targeting Trump’s Rivals; A ruling Friday that derailed an investigation into the Federal Reserve chair at an exceptionally early stage showed the limits of President Trump’s campaign of legal retribution”: Michael S. Schmidt and Alan Feuer of The New York Times have this news analysis.

Posted at 1:00 PM by Howard Bashman



“Judicial Notice (03.15.26): ‘Swinging Dicks’; Judge VanDyke’s latest provocation, Judge Newman’s last chance, Walmart’s new legal leader, and a $6 billion legal AI company.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:02 AM by Howard Bashman



Sunday, March 15, 2026

“Deportees sent by Trump to Salvadoran prison are still stuck a year later; Little is known about the status or whereabouts of the Salvadorans deported by President Donald Trump to CECOT, an infamous megaprison”: Samantha Schmidt, Karen DeYoung, and David Nakamura of The Washington Post have this report.

Posted at 9:38 PM by Howard Bashman



“The Court Ruling in the Fed Chair’s Favor Is a Double-Edged Sword; The decision was a vindication for Jerome Powell, but shows that Fed independence now depends on judges”: Nick Timiraos of The Wall Street Journal has this report.

Posted at 9:24 PM by Howard Bashman



“We Have Reached End-Stage Polarization”: Columnist David French has this essay online at The New York Times.

Therein, French writes, “On Thursday, a federal appellate judge, Lawrence VanDyke, issued a truly remarkable dissent — a textbook example of how not to handle disagreement on profoundly important constitutional issues.”

Posted at 9:00 PM by Howard Bashman



“The Obscure Judge Presiding Over $166 Billion in Tariff Refunds; Judge Richard Eaton, on a little-known trade court, is pushing the administration to pay back illegally collected tariffs — and quickly”: Lydia Wheeler of The Wall Street Journal has this report.

Posted at 8:36 PM by Howard Bashman



“These Voting Rights Groups Say It’s a ‘Critical Moment’ for the South; The groups are working to educate voters in the South about how they would be affected if the court strikes down a key provision of the Voting Rights Act”: Audra D.S. Burch and Emily Cochrane of The New York Times have this report.

Posted at 8:20 PM by Howard Bashman



“Liberals aim to extend their Wisconsin Supreme Court race winning streak; In next month’s election, liberals could further expand their edge on the battleground-state court and put the majority out of reach for conservatives for years”: Adam Edelman of NBC News has this report.

Posted at 8:11 PM by Howard Bashman



“Trump’s latest tariffs face a fresh set of legal hurdles; Here are the key issues in the court fight over Trump’s newest tariffs after the Supreme Court’s ruling”: Josh Gerstein of Politico has this report.

Posted at 1:40 PM by Howard Bashman



“Ted Frank’s turnaround: Driving a class action for motorists ‘imprisoned’ by a protest.” Jenna Greene’s “On the Case” from Reuters has this post.

Posted at 1:34 PM by Howard Bashman



“Clearing the Path for Sotomayor’s Supreme Court Nomination; Two decades of confirmation battles”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:32 PM by Howard Bashman



Saturday, March 14, 2026

“Hypothetical Legal Advice to SecDef Hegseth on ‘No Quarter’ Statement (from Office of General Counsel)”: Daniel Maurer has this post at the “Just Security” blog.

Posted at 10:07 PM by Howard Bashman



“Justice Dept. Legal Threat Complicates Trump’s Pick for Fed Chair; An investigation of the Federal Reserve was thwarted on Friday, but a department appeal could reimpose an obstacle in Kevin Warsh’s path”: Colby Smith and Tony Romm of The New York Times have this report.

Posted at 9:57 PM by Howard Bashman



“Thomas’s Confusion of Terms; Justice Thomas’s dissent in the recent tariff case is wrong about Founding era views of trade”: Phillip W. Magness has this post at the “Law & Liberty” blog.

Posted at 9:55 PM by Howard Bashman



“The Postmodern Jurisprudence of Lawrence VanDyke”: Michael A. Fragoso has this post at the “Bench Memos” blog of National Review.

Posted at 9:53 PM by Howard Bashman



“Social Media Isn’t Just Speech. It’s Also a Defective, Hazardous Product.” Law professor Tim Wu has this guest essay online at The New York Times.

Posted at 9:51 PM by Howard Bashman



“Immigration Myths and Birthright Citizenship: Your guide to defending the Constitution from bad originalism.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:05 AM by Howard Bashman



“The 53-Year-Old Virgin: This judge may find out what it’s like to be Steve Carell.” Reynolds Holding has this post at his “Better Judgment” Substack site.

Posted at 11:04 AM by Howard Bashman



Friday, March 13, 2026

“Judge Quashes Justice Dept.’s Subpoenas of Fed, Crippling Its Pursuit of Trump’s Rivals; Judge James E. Boasberg derided the U.S. attorney’s office in Washington for pursuing a case against Jerome H. Powell that appeared to be motivated by President Trump’s desire for vengeance”: Alan Feuer, Glenn Thrush, and Colby Smith of The New York Times have this report.

Salvador Rizzo and Andrew Ackerman of The Washington Post report that “Court blocks Justice Department subpoenas of Federal Reserve; The decision is a significant victory for the Fed. U.S. Attorney Jeanine Pirro said she would appeal the ruling.”

Nick Timiraos and C. Ryan Barber of The Wall Street Journal report that “Judge Throws Out Justice Department Subpoenas to Federal Reserve; ‘Abundant evidence’ exists that the subpoenas were designed to ‘harass and pressure Powell’ to yield to Trump, ruling says.”

And Sam Sutton, Josh Gerstein, and Jasper Goodman of Politico report that “Court blocks probe of Fed Chair Jerome Powell, DOJ to appeal; The decision potentially clears the path for Trump’s nominee to replace Powell as Fed chair, former Fed Gov. Kevin Warsh.”

You can access today’s ruling of the U.S. District Court for the District of Columbia at this link.

Posted at 10:04 PM by Howard Bashman