How Appealing



Tuesday, February 10, 2026

“Grand Jury Rebuffs Justice Dept. Attempt to Indict 6 Democrats in Congress; The rejection was a remarkable rebuke, suggesting that ordinary citizens did not believe that the lawmakers had committed any crimes”: Alan Feuer, Glenn Thrush, and Michael S. Schmidt of The New York Times have this report.

And Perry Stein and Salvador Rizzo of The Washington Post report that “D.C. grand jury declines to indict six Democratic lawmakers; The lawmakers had released a short video last year advising military members to reject ‘illegal orders.’

Posted at 9:58 PM by Howard Bashman



“Judges may have found a way to bypass 5th Circuit ruling upholding Trump’s mass detention policy; Two Texas judges, who are bound by the circuit’s ruling, outlined a legal rationale allowing them to continue granting immigrants’ release”: Kyle Cheney of Politico has this report.

Posted at 9:48 PM by Howard Bashman



“The E.P.A. Is Barreling Toward a Supreme Court Climate Showdown; The agency is racing to repeal a scientific finding that requires it to fight global warming; Experts say the goal is to get the matter before the justices while President Trump is still in office”: Maxine Joselow and Lisa Friedman of The New York Times have this report.

Posted at 9:44 PM by Howard Bashman



“The Pronoun Wars in Public Schools; A religious teacher loses a legal appeal, but is the Supreme Court next?” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 9:20 PM by Howard Bashman



“Two Hails For The Chief’s NDA; Press conferences would let the American people hear the justices in their own words; And in doing so, the Court would relieve pressure and help to clamp down on leaks”: Josh Blackman has this essay online at Civitas Outlook.

Posted at 2:52 PM by Howard Bashman



“DOJ again defends Lindsey Halligan’s appointment in appeal of James Comey and Letitia James case dismissals; The Justice Department argued in a court filing that Attorney General Pam Bondi’s erroneous citation referring to her authority to appoint U.S. attorneys was ‘a paperwork mistake’”: Gary Grumbach and Megan Lebowitz of NBC News have this report.

And Robert Burnson of Bloomberg News reports that “Bondi Seeks to Revive Criminal Indictments of Comey, James.”

You can access the U.S. Department of Justice’s opening brief filed yesterday in the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 1:26 PM by Howard Bashman



“Senior Government Lawyers Are Shirking Ethics Rules With Impunity; State courts and bar associations must counter false — and dangerous — claims that state ethics rules don’t apply to high federal officials”: Jamie Conrad has this post at the “Lawfare” blog.

Posted at 1:20 PM by Howard Bashman



“How ICE defies judges’ orders to release detainees, step by step: A POLITICO review of hundreds of cases brought by ICE detainees shows a pattern of noncompliance that has frustrated judges across the country.” Kyle Cheney of Politico has this report.

Posted at 1:18 PM by Howard Bashman



“The Hidden Nondelegation Issue Raised by Trump v. Slaughter; If the Supreme Court overturns administrative agency independence, could nondelegation doctrine help limit executive power?” Michael R. Dreeben has this post at the “Lawfare” blog.

Posted at 1:17 PM by Howard Bashman



Monday, February 9, 2026

“On the Value of Sustained Resistance in Preserving Democracy; When citizens consistently protest unlawful government action, it’s much harder for a totalitarian police state to emerge”: Noah Feldman has this post at his new Substack site.

Posted at 10:35 PM by Howard Bashman



“Two judges on the Fifth Circuit gave Trump exactly what he wants to enact mass detentions; On Friday night, Judges Edith Jones and Kyle Duncan split with more than 150 judges who have ruled against the Trump admin’s unilateral, harsh interpretation of a 1996 law”: Chris Geidner has this post at his Substack site.

Posted at 10:32 PM by Howard Bashman



“209. The Modern Emergency Docket Turns Ten; The Supreme Court’s February 2016 rulings blocking President Obama’s Clean Power Plan were unprecedented at the time; in retrospect, they were harbingers of a deep paradigm shift in the Court’s role.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:26 PM by Howard Bashman



“Judicial Notice (02.08.26): ‘This Job Sucks’; An ICE attorney’s in-court outburst, the post-Karp future of Paul Weiss, an ex-judge’s alleged misconduct, and a $1.25 trillion M&A deal.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:22 PM by Howard Bashman



“Trump Has a New ‘Big Lie’ for the Midterms; The sorest loser’s plans to mess with November’s elections are coming into view”: You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 10:15 PM by Howard Bashman



Saturday, February 7, 2026

“Barack Obama and John McCain Clash Over Selecting Judges; 2008 presidential contenders present competing visions of the judicial role”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 12:16 PM by Howard Bashman



“Trump’s Midterm Redistricting Master Plan Is Falling Short; An unfavorable Supreme Court ruling and surprise Democratic enthusiasm in Texas show limits to president’s plan”: Aaron Zitner, Elizabeth Findell, and Olivia Beavers of The Wall Street Journal have this report.

Posted at 11:40 AM by Howard Bashman



“Demanding Support for Trump, Justice Dept. Struggles to Recruit Prosecutors; Some offices are so decimated that the Justice Department has sent in military lawyers; More recently, officials asked for volunteers from other offices who can quickly deploy to places in desperate need”: Glenn Thrush, Alan Feuer, Mimi Dwyer, Ernesto Londoño, and Michael S. Schmidt of The New York Times have this report.

Posted at 10:20 AM by Howard Bashman



“Appeals court backs Trump’s mass detention policy; The ruling from the 5th Circuit Court of Appeals contradicts thousands of lower-court rulings”: Kyle Cheney of Politico has this report.

Devan Cole of CNN reports that “Appeals court greenlights Trump admin policy of detaining undocumented immigrants without opportunity to seek release.”

Nate Raymond of Reuters reports that “US appeals court upholds Trump’s immigration detention policy.”

Megan Crepeau of Bloomberg Law reports that “Fifth Circuit Sides With Trump on Immigrant Detention Law.”

Christina van Waasbergen of Courthouse News Service reports that “Fifth Circuit upholds Trump administration’s mandatory detention policy; A panel of judges ruled 2-1 that the government can lawfully require detention for all noncitizens in removal proceedings who entered the U.S. without being legally admitted.”

And at his “One First” Substack site, Steve Vladeck has a post titled “208. The Fifth Circuit Jumps the Immigration Detention Shark: Late Friday, two of the nation’s most right-wing circuit judges adopted an odious legal claim that district court judges from across the country (and ideological spectrum) have overwhelmingly rejected.”

You can access yesterday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 10:18 AM by Howard Bashman



Friday, February 6, 2026

“Paul Weiss Partners Turned on Brad Karp After Learning Extent of His Epstein Ties; Mr. Karp resigned as chairman of the elite law firm after senior partners met to decide his future”: Jessica Silver-Greenberg, Rob Copeland, Maureen Farrell, and Matthew Goldstein of The New York Times have this report.

And Joshua Chaffin and Erin Mulvaney of The Wall Street Journal have an article headlined “The Lawyer Who Could Fix Anything — Except His Epstein Problem; Brad Karp built Paul Weiss into a giant; Emails with the disgraced financier cost him his top job.”

Posted at 11:56 PM by Howard Bashman



“Even a Decade of Accidental Shootings Hasn’t Slowed America’s Top Pistol Maker; For years, gun owners have been suing Sig Sauer for alleged design defects in its flagship handgun, the P320; The company’s solution is to ban the lawsuits”: Champe Barton of Bloomberg Businessweek has this report.

Posted at 11:53 PM by Howard Bashman



“U.S. and N.Y. Prosecutors in ‘Tug-of-War’ to Put Mangione on Trial First; A New York State Supreme Court judge set a trial date of June for Luigi Mangione, who is accused of killing a health care executive”: Hurubie Meko of The New York Times has this report.

Jack Morphet of The Wall Street Journal reports that “Luigi Mangione Makes Outburst in Court After Murder Trial Moved Up; Accused UnitedHealthcare CEO killer claims he is being denied double-jeopardy protections.”

Patricia Hurtado, David Voreacos, and Mikella Schuettler of Bloomberg News report that “Luigi Mangione Faces June 8 Murder Trial in NY State Court.”

And Erik Uebelacker of Courthouse News Service has a report headlined “‘Be ready’: NY judge sets June trial for Luigi Mangione, leapfrogging feds; ‘This is double jeopardy by any commonsense judgment,’ Mangione shouted to the courtroom gallery following Friday’s hearing.”

Posted at 11:50 PM by Howard Bashman



“Sam Alito’s Publisher Wants You to Buy the Children’s Books He Just Made It Easier to Ban; The author of Mahmoud v. Taylor is writing a book for a publisher that calls the push to ban books with LGBTQ characters an attack on ‘one of the most important foundations of a free society’”: Jay Willis has this post at his “Balls & Strikes” Substack site.

Posted at 11:17 PM by Howard Bashman



“The Federal Court Snapback: The judiciary, including the Supreme Court, is standing up to the president.” Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 11:11 AM by Howard Bashman



“Michael Drescher to serve on Vermont Supreme Court after lieutenant governor breaks tie; The contentious vote over Drescher, who recently served as Vermont’s top federal prosecutor, came after senators approved Christina Nolan’s appointment to the court”: Charlotte Oliver of VTDigger has this report.

Posted at 12:02 AM by Howard Bashman



“Law School Hosts Supreme Court Justice Ketanji Brown Jackson for Dual Events”: Henry Adams of The Graphic of Pepperdine University has this report.

Posted at 12:00 AM by Howard Bashman



Thursday, February 5, 2026

“Sen. Blackburn demands probe of Ketanji Brown Jackson for attending politically charged Grammys”: Ryan King of The New York Post has this report.

Posted at 11:59 PM by Howard Bashman



“Justice Department Struggles Under Weight of Immigration Crackdown; Current and former prosecutors say they can relate to the government lawyer who told judge she was overwhelmed”: Sadie Gurman and Hannah Critchfield of The Wall Street Journal have this report.

And Benjamin S. Weiss of Courthouse News Service reports that “Democrats warn immigration crackdown is gutting US attorney offices; The Trump administration’s aggressive immigration enforcement in states such as Minnesota has led to a mass exodus of U.S. attorneys and crushing caseloads for the federal prosecutors that remain.”

Posted at 10:52 PM by Howard Bashman



“A Revolt Inside Paul Weiss Over the Epstein Files Took Down Brad Karp; Latest batch of Epstein emails prompted partners to push elite law firm’s leader from chairman role”: Cara Lombardo, Lauren Thomas, and Erin Mulvaney of The Wall Street Journal have this report.

And at his “Original Jurisdiction” Substack site, David Lat has a post titled “Brad Karp Steps Down As Chairman Of Paul Weiss; Chair of Paul Weiss since 2008, Karp resigned from his leadership role after appearing in the latest Epstein emails.”

Posted at 10:48 PM by Howard Bashman