How Appealing



Tuesday, January 21, 2025

“Trump’s TikTok Executive Order and the Limits of Executive Non-Enforcement”: Alan Z. Rozenshtein has this post at the “Lawfare” blog.

Posted at 5:52 PM by Howard Bashman



“How Trump’s TikTok Ban Reprieve Could Work; The president can’t suspend a duly enacted law but he can use prosecutorial discretion to achieve the same end”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 5:45 PM by Howard Bashman



“Breaking Circuit Boundaries: The Surprising Power of Inter-Circuit Citations; What happens when federal appeals judges break out of their own circuit’s bubble? A closer look reveals a fascinating web of influence that could reshape the future of federal law.” Adam Feldman has this post at his “Legalytics” Substack site.

Posted at 4:04 PM by Howard Bashman



“Could Wendi Adelson be Implicated? | Vinnie Politan Investigates Podcast Video”: Court TV has posted this video on YouTube.

Posted at 4:02 PM by Howard Bashman



“Birthright citizenship and other Trump executive actions likely to face pushback from the courts; Policies like seeking to end birthright citizenship and refusing to spend money allocated by Congress could end up at the Supreme Court”: Lawrence Hurley of NBC News has this report.

Posted at 1:06 PM by Howard Bashman



“Supreme Court Unmoved By Fifth Circuit Forum Shopping Concern; US says e-cigarette makers trying to game the system; Justices looked to text of law, rather than forum shopping concerns”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 1:04 PM by Howard Bashman



Monday, January 20, 2025

“Conservative Fifth Circuit Is an Outlier for Supreme Court; Fifth Circuit is more than 20% of high court workload; E-cigarette dispute highlights prevalence of judge shopping”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 9:50 PM by Howard Bashman



“Hello, Ginni Thomas: Will Clarence Thomas stay on the bench long enough to keep his wife relevant?” Mark Joseph Stern has this essay online at Slate.

Posted at 9:48 PM by Howard Bashman



“Trump signs executive order attempting to end birthright citizenship; The president issued several actions related to the border or immigration, including ramping up deportations and suspending refugee resettlement”: Nick Miroff, Maria Sacchetti, Arelis R. Hernández, and Dan Lamothe of The Washington Post have this report.

Posted at 9:46 PM by Howard Bashman



“‘Split-second decision’: Supreme Court returns to the question of police killings; The court will hear arguments this week over the ‘moment of the threat doctrine,’ which addresses how much time can be taken into consideration when police kill people”: Lawrence Hurley of NBC News has this report.

Posted at 9:44 PM by Howard Bashman



“Jefferson Griffin’s Gambit For a State Supreme Court Seat; Months before Election Day, a state board and a Republican-appointed rules commission said overseas voters didn’t need to provide a photo ID; Now the GOP candidate wants some of their ballots — all from heavily Democratic counties — tossed”: Jeffrey Billman and Michael Hewlett of The Assembly have this report.

And Doug Bock Clark of ProPublica reports that “North Carolina Supreme Court Candidate Wants Military Absentee Votes Tossed. Years Earlier, That’s How He Voted. Republican Jefferson Griffin is trying to overturn his election loss by asking the North Carolina Supreme Court to toss 5,500 military and overseas absentee ballots. He used the same method to vote in 2019 and 2020.”

Posted at 9:42 PM by Howard Bashman



“Two Prominent Judges Are Shot Dead Outside Iran’s Supreme Court; The gunman took his own life after killing two judges and wounding a third in what officials described as a terrorist attack”: Lynsey Chutel of The New York Times has this report.

And Alex Boyd of BBC News reports that “Two Iranian supreme court judges shot dead.”

Posted at 9:36 PM by Howard Bashman



“Trump Signs Executive Order in Attempt to Stall TikTok Ban; Shortly after taking office Monday, the president issued the order to delay the app’s ban for 75 days; The law went into effect on Sunday”: David McCabe of The New York Times has this report.

Posted at 9:26 PM by Howard Bashman



“Where will Trump be sued? Previewing the litigation in store for the coming years.” fedjudges has this post at their new Substack site, “The Federal Reporter.”

Posted at 8:36 PM by Howard Bashman



“Judicial Notice (01.20.25): Ch-Ch-Changes; Transitions between government and private practice, Biglaw bonus shenanigans, SCOTUS on TikTok, and a religious-liberty case worth watching.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:15 PM by Howard Bashman



“Chief Justice John Roberts — and his court — helped Trump get here; Two pivotal rulings last year dramatically affected the trajectory of the campaign”: Josh Gerstein of Politico has this report.

Posted at 5:58 PM by Howard Bashman



“The New Constitutional (dis)Order: The law as we have known it is fundamentally shifting. Just look at the TikTok ban, or the presumptive attorney general.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 5:50 PM by Howard Bashman



“‘Ultrahigh-stakes’: Supreme Court attorney now repped by Trump lawyers failed to report millions in poker winnings and used law firm’s assets to ‘satisfy’ gambling debts, DOJ says.” Chris Perez has this post at the “Law & Crime” blog.

Posted at 5:48 PM by Howard Bashman



Saturday, January 18, 2025
Friday, January 17, 2025

“TikTok says it will go dark on Sunday unless Biden intervenes ‘immediately’”: John Fritze, Tierney Sneed, Devan Cole, Pamela Brown, Clare Duffy, Kit Maher, and Evan Perez of CNN have this report.

Posted at 9:42 PM by Howard Bashman



“Supreme Court attorney who founded SCOTUSblog is charged in tax case; Million-dollar poker games, payments to women and a duffel bag of cash are part of the indictment accusing Thomas Goldstein of tax evasion”: Dan Morse of The Washington Post has this report.

And Alyssa Aquino of The National Law Journal reports that “22-Count Indictment Is Just the Start of SCOTUSBlog Atty’s Legal Problems, Experts Say; Tom Goldstein, the appellate attorney and SCOTUSBlog publisher, faces a tax evasion complaint related to his alleged gambling activities and personal relationships; But legal experts say the sprawling indictment against him could spawn ethics complaints and civil litigation.”

Posted at 9:35 PM by Howard Bashman



“Antiabortion advocates look for men to report their partners’ abortions; Boyfriends and husbands can have uniquely personal and specific information necessary to help surface new lawsuits in states with abortion bans”: Caroline Kitchener of The Washington Post has this report.

Posted at 9:24 PM by Howard Bashman



“Supreme Court to Hear Case on Religious Objections to L.G.B.T.Q. Storybooks; Parents in Maryland said a school board’s refusal to notify them and to excuse their children from discussions of the storybooks violated the First Amendment”: Adam Liptak of The New York Times has this report.

And Justin Jouvenal and Nicole Asbury of The Washington Post report that “Supreme Court to hear case on opting out of lessons with LGBTQ+ books; Parents in Montgomery County, Maryland, want to be able to opt out of instruction on gender and sexuality that they say goes against their religious convictions.”

Posted at 9:02 PM by Howard Bashman



“SCOTUSblog’s Goldstein Accused of Tax Fraud Tied to Gambling”: Holly Barker of Bloomberg Law has this report.

Connor Richards of PokerNews reports that “Indicted Lawyer Won $50 Million in Heads-Up Poker Matches.”

At “Above the Law,” Joe Patrice has a blog post titled “Tom Goldstein Hires Trump’s Lawyers In First Good Bet In Years; Pardon me?

And at “The Volokh Conspiracy,” Josh Blackman has posts titled “Comparing The Dates of Tom Goldstein’s SCOTUS Oral Arguments And The Dates In His Indictment; According to the government, Goldstein was very busy before and after his arguments at the Court” and “A 2017 Profile Of Tom Goldstein In The Carolina Alumni Review; Goldstein: ‘I think most people would find what I do boring.’

Posted at 5:23 PM by Howard Bashman



“Gorsuch in TikTok Opinion Calls for Action on ‘Secret Evidence’; Government shielded evidence from TikTok, creators; Gorsuch notes increased use in recent years”: Kimberly Strawbridge Robinson of Bloomberg News has this report.

Posted at 5:12 PM by Howard Bashman



“Texas Judge in Boeing, ESG Cases Known for High-Profile Docket; Reed O’Connor has handled national cases on guns, healthcare; Fort Worth courtroom draws conservative challengers”: Suzanne Monyak of Bloomberg Law has this report.

Posted at 5:10 PM by Howard Bashman



“Chevron’s Swan Song: Loper Bright and the New Era of Judicial Oversight of Agency Actions; How the Supreme Court’s Loper Bright v. Raimondo decision reshapes agency power, shifts judicial deference, and looks at what this means for future legal battles.” Adam Feldman has this post at his “Legalytics” Substack site.

Posted at 5:04 PM by Howard Bashman



“Supreme Court upholds TikTok ban-or-sale law slated to start Sunday; Donald Trump had asked the Supreme Court to delay TikTok’s ban-or-sale law to give him an opportunity to act once he returns to the White House”: Ann E. Marimow and Cristiano Lima-Strong of The Washington Post have this report.

And Jess Bravin of The Wall Street Journal reports that “Supreme Court OKs TikTok Shutdown; Justices reject Chinese app’s First Amendment challenge to federal law against ‘foreign adversary’ control.”

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

Posted at 10:52 AM by Howard Bashman