How Appealing



Wednesday, March 11, 2026

“Constitutional Duels in the Court’s Rejection of Trump’s Tariffs; The justices agree that Congress should play the leading role in some realms, but they disagree on when — and how to get there”: Michael R. Dreeben has this post at the “Lawfare” blog.

Posted at 1:20 PM by Howard Bashman



“Trump Ordered Justice Department Reversal on Law Firm Sanctions; ‘I never signed off on that,’ the president told aides”: Josh Dawsey, C. Ryan Barber, and Sadie Gurman of The Wall Street Journal have this report.

Posted at 12:45 PM by Howard Bashman



Tuesday, March 10, 2026

“Bondi Is Said to Move to Military Housing Because of Threats; The attorney general relocated from a Washington apartment to a base in the area within the past month, according to people familiar with the situation”: Glenn Thrush of The New York Times has this report.

Posted at 9:44 PM by Howard Bashman



“Senators probe birthright citizenship as Supreme Court gears up to tackle Trump executive order; The justices on April 1 will hear oral arguments in a landmark case in which the high court will decide whether it is constitutional for the president to block the children of immigrants without legal status from claiming U.S. citizenship”: Benjamin S. Weiss of Courthouse News Service has this report.

Posted at 8:52 PM by Howard Bashman



“Pa. Superior Court Narrowly Affirms $18M Award; The judges, in three dissenting opinions, remained split on how to apply a 1981 rule that allows courts to impose liability on companies that acquire another manufacturer’s product line”: Tristin Hoffman of The Legal Intelligencer has this report.

The Superior Court of Pennsylvania‘s en banc decision, which issued last Thursday, consisted of an opinion announcing the judgment of the court, two concurring opinions (here and here), an opinion concurring in part and dissenting in part, a dissenting opinion, and a dissenting statement.

I represent the plaintiffs on appeal in this matter. This is the first Pa. Superior Court case that I have briefed and argued in which en banc reargument was ordered before any decision issued from the original three-judge panel.

Posted at 5:09 PM by Howard Bashman



“Alabama Governor Spares Death Row Inmate Who Didn’t Pull the Trigger; The move by Gov. Kay Ivey, a Republican, is extremely rare; The inmate, Charles Burton, was scheduled to die even though the gunman’s sentence had been commuted years ago”: Eduardo Medina of The New York Times has this report.

And Abigail Brooks, Dan Slepian, and Jackie Montalvo of NBC News report that “Alabama governor commutes death sentence of man who didn’t kill anyone; Charles ‘Sonny’ Burton, 75, was set to be executed Thursday after being sentenced under a legal doctrine known as felony murder.”

Posted at 1:24 PM by Howard Bashman



Monday, March 9, 2026

“In Scathing Ruling, Judge Says 3 Trump Prosecutors Are in Unlawful Roles; The ruling found that the three-person leadership team in New Jersey’s federal prosecutor’s office was illegal, and sharply questioned President Trump’s priorities”: Jonah E. Bromwich and Tracey Tully of The New York Times have this report.

Chris Palmer and Abraham Gutman of The Philadelphia Inquirer report that “Appointment of top federal prosecutors in New Jersey was unconstitutional, judge rules; In a scathing opinion, U.S. District Judge Matthew Brann wrote that Trump’s administration has intentionally avoided taking the proper steps to appoint a top federal prosecutor in New Jersey.”

Jeremy Roebuck of The Washington Post reports that “Trio named to replace Alina Habba as U.S. attorney is also serving illegally, judge says; The decision, which is on hold pending a possible appeal, upended the leadership in New Jersey’s U.S. attorney’s office for the second time in months.”

Kyle Cheney, Matt Friedman, and Erica Orden of Politico report that “Judge rejects NJ US Attorney ‘triumvirate’ in latest blow to Trump prosecutors; ‘One year into this administration, it is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution,’ Judge Matthew Brann wrote.”

And David Voreacos of Bloomberg News reports that “Trump’s Trio of NJ Successors to Habba Ruled Illegally Appointed.”

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

Posted at 10:12 PM by Howard Bashman



“Ninth Circuit skeptical of NFL’s win in Sunday Ticket trial; The panel seemed puzzled by the rulings of the trial judge who tossed a $4.7 billion damages award soon after the jury had returned its verdict”: Edvard Pettersson of Courthouse News Service has this report.

The Ninth Circuit has posted video of the oral argument on YouTube. Paul D. Clement argued on behalf of the NFL.

Posted at 10:05 PM by Howard Bashman



“Two Supreme Court Justices Debate Handling of Trump Emergency Cases; In a rare joint appearance, Justices Ketanji Brown Jackson and Brett M. Kavanaugh offered sharply different views on how the court should handle emergency requests”: Abbie VanSickle of The New York Times has this report.

And Justin Jouvenal of The Washington Post reports that “Justice Ketanji Brown Jackson criticizes Supreme Court emergency rulings; During a public forum, Jackson and conservative Justice Brett M. Kavanaugh offered differing views of President Trump’s wins before the high court.”

Posted at 9:58 PM by Howard Bashman



“Gorsuch beats the drum for criminal defendants’ jury rights; As his colleagues sidestep opportunities, Justice Gorsuch called on the lower courts to give closer heed to criminal defendants’ Sixth Amendment rights”: Kelsey Reichmann of Courthouse News Service has this report.

You can view the dissent from the denial of certiorari at this link.

Posted at 9:50 PM by Howard Bashman



“Five UChicago Law Alumni to Clerk at the US Supreme Court Next Term; The graduates will serve four different justices across the Court’s ideological spectrum”: Mark A. Cohen of The University of Chicago Law School has this report.

Posted at 2:22 PM by Howard Bashman



“Judicial Notice (03.08.26): You’re Not The Boss Of Me; Judges trading benchslaps, the DOJ reversing course, firms filing tariff cases, and antitrust lawyers making moves.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 7:52 AM by Howard Bashman



Sunday, March 8, 2026

“A Trump Order Protected a Weedkiller. And Also a Weapon of War. Citing national security, an unusual executive order gave protection to the herbicide Roundup. It also protected the U.S.’s only supply of a controversial, highly flammable munition.” Hiroko Tabuchi of The New York Times has this report.

Posted at 9:07 PM by Howard Bashman



“The Legal Case Against Section 122 Tariffs; Democratic state AGs quote Milton Friedman, if you can believe it”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:55 PM by Howard Bashman



“Church and State are Being Reunited, Thanks to SCOTUS; An unholy alliance between the Roberts majority and the Trump administration is demolishing the separation of church and state”: You can access the new episode of Slate’s “Amicus” podcast at this link.

Posted at 8:50 PM by Howard Bashman



“‘Mixed Questions’ of Law and Fact after Loper Bright”: Adrian Vermeule has this post at “The New Digest” Substack site.

Posted at 8:48 PM by Howard Bashman



“Trump, Iran, Nuclear Weapons; A grim topic that Congress and the American people should be discussing”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 8:46 PM by Howard Bashman



Saturday, March 7, 2026

“Justice Department Denounces Federal Judges in Fight Against Law Firms; The Trump administration had signaled earlier this week that it was ready to abandon four executive orders seeking to punish law firms, but abruptly reversed course the next day”: Chris Cameron and Jonah E. Bromwich of The New York Times have this report.

Posted at 9:42 PM by Howard Bashman



“Climate Cowards: Federal judges are folding under political pressure from state AGs.” Reynolds Holding has this post at his “Better Judgment” Substack site.

Posted at 8:55 AM by Howard Bashman



Friday, March 6, 2026

“Federal judge set to nuke restrictive Pentagon press policy; ‘Asking a question is not a crime,’ U.S. District Judge Paul Friedman said, noting the importance of military transparency as the nation enters a war with Iran”: Ryan Knappenberger of Courthouse News Service has this report.

Posted at 8:58 PM by Howard Bashman



“Trump DOJ Fights to Revive Big Law Orders After Reversal”: Justin Henry of Bloomberg Law has an article that begins, “The Justice Department Friday aired its first defense of President Donald Trump’s executive orders against law firms after reversing course on a move to drop the case earlier this week.”

You can view the Brief for Appellants at this link.

Posted at 8:57 PM by Howard Bashman



“Judge Gives Trump Administration More Time to Distribute Tariff Refunds; A federal judge pared back an earlier order requiring the government to immediately begin the process of refunding the duties”: Lydia Wheeler and Louise Radnofsky of The Wall Street Journal have this report.

Posted at 8:54 PM by Howard Bashman



“Iran War Poses Test for Justice Dept. After Firings Deplete National Security Ranks; Firings, resignations and diversions to the president’s priorities have left elite counterterrorism and counterintelligence units stretched thin, current and former officials say”: Alan Feuer and Glenn Thrush of The New York Times have this report.

And Perry Stein of The Washington Post reports that “Mass firings leave national security ranks thinned as war raises threats; FBI and Justice Department have lost decades of experience over the past year in key security positions.”

Posted at 8:52 PM by Howard Bashman



“Indiana court blocks abortion law in ACLU religious freedom case”: Jade Jackson of The Indianapolis Star has this report.

Niki Kelly of Indiana Capital Chronicle reports that “Indiana Attorney General’s Office appeals religious freedom ruling on state abortion ban.”

David Wells of Courthouse News Service reports that “Indiana court blocks abortion ban on religious grounds; In 2023, the Indiana Supreme Court upheld the state’s near-total abortion ban, with limited exceptions only in cases of lethal fetal anomalies, the mother’s health, rape and incest.”

And Mary Anne Pazanowski of Bloomberg Law reports that “Indiana Abortion Law Halted for Violating Non-Christians’ Rights.”

You can access yesterday’s ruling of the Marion (Ind.) Superior Court at this link.

Posted at 8:24 PM by Howard Bashman