How Appealing



Friday, March 20, 2026

“Appeals Court Revives Claims Against Activist Over Protest”: Suzanne Monyak of Bloomberg Law has a report (subscription required for full access) that begins, “A federal appeals court revived a Louisiana police officer’s lawsuit against a civil rights activist over injuries the officer suffered at a Baton Rouge protest, prompting one judge to warn the decision ‘imperils’ free speech rights.”

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

Posted at 9:37 AM by Howard Bashman



Thursday, March 19, 2026

“A Not-So-Wise Reflection on a ‘Wise Latina’ Judge; Sotomayor’s comment arouses controversy”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 10:10 PM by Howard Bashman



“What to Know About the Push to Display the Ten Commandments in Classes; Texas, Louisiana and Arkansas have passed laws requiring the posters in public schools. Several other states are considering similar measures”: Pooja Salhotra of The New York Times has this report.

Posted at 10:00 PM by Howard Bashman



“Woman charged with murder after allegedly taking abortion pills, going to hospital; The 31-year-old Georgia woman went to the emergency room with severe pain after allegedly taking abortion pills at home, according to police and court records”: Daniel Wu of The Washington Post has this report.

Posted at 9:56 PM by Howard Bashman



“Pressure Grows for Supreme Court to End ‘Emergency’ Wins for Trump; Justices fast-tracked arguments on the president’s power to end protections for migrants fleeing violence after lower courts called out unexplained emergency rulings”: Zoe Tillman and Greg Stohr of Bloomberg News have this report.

Posted at 9:25 PM by Howard Bashman



“Lawsuit Accuses Justice Dept. Leadership of ‘Political Retribution’; The suit filed by two fired F.B.I. agents aimed to hold the Trump administration accountable for the purge of personnel who had worked on the investigations of Mr. Trump or his allies”: Alan Feuer of The New York Times has this report.

Posted at 8:54 PM by Howard Bashman



“Chief Justice John Roberts To Receive Jefferson Medal in Law”: Mike Fox of The University of Virginia School of Law has this report.

Posted at 8:52 PM by Howard Bashman



“A Gift From Trump to the Supreme Court: In a caustic critique of the court issued on social media late Sunday night, the president inadvertently buttressed its independence.” You can access today’s new installment of Adam Liptak’s “The Docket” newsletter online at The New York Times via this link.

Posted at 8:51 PM by Howard Bashman



“Bonus 216: Shadow Docket Shadowboxing; Justice Barrett’s Mirabelli concurrence is the latest example of attempts to defend the Court’s behavior on emergency applications that don’t meaningfully engage *with* the criticisms — or the critics.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:26 AM by Howard Bashman



Wednesday, March 18, 2026

“Please be advised that the date for oral argument in the above-captioned appeal has been changed from April 15, 2026 to April 15, 2026.” So begins a letter to all counsel from the Superior Court of Pennsylvania that I received today in one of my cases. Fortunately, I had already calendared the oral argument for that date.

Posted at 8:16 PM by Howard Bashman



Tuesday, March 17, 2026

“The Perilous War Over Legal Ethics in Government and Politics; On its current course, it cannot end well”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 10:42 PM by Howard Bashman



“Stop the count: Supreme Court puts mail-in ballot deadline under the microscope; Months before the midterms, the Supreme Court is putting Election Day on the docket in a case that could affect how voters cast ballots in over 30 states.” Kelsey Reichmann of Courthouse News Service has this report.

Posted at 10:40 PM by Howard Bashman



“Chief Justice Says Personal Attacks on Judges Are ‘Dangerous’ and Must Stop; The public remarks from Chief Justice John Roberts were his first since President Trump excoriated the justices who ruled against his tariffs in harsh and personal terms”: Ann E. Marimow of The New York Times has this report.

Maureen Groppe of USA Today has an article headlined “Amid Trump attacks, Supreme Court’s John Roberts says stop with the hostility; In his first public comments since President Trump attacked the Supreme Court’s tariffs ruling, Chief Justice John Roberts said ‘personally directed hostility is dangerous.’

Isaac Yu of The Houston Chronicle has an article headlined “At Rice, Chief Justice John Roberts says personal attacks on judges have ‘got to stop.’

Mark Sherman of The Associated Press reports that “Chief Justice Roberts says personal criticism of judges is dangerous and has ‘got to stop.’

John Kruzel of Reuters reports that “US Supreme Court’s Roberts says personal hostility aimed at judges has ‘got to stop.’

Greg Stohr of Bloomberg News reports that “Roberts Slams ‘Dangerous’ Attacks on Supreme Court Justices.”

John Fritze of CNN reports that “Chief Justice John Roberts says that hostility toward judges has ‘got to stop.’

Lawrence Hurley of NBC News reports that “Chief Justice John Roberts warns personal attacks on judges have ‘got to stop’; Roberts’ comments follow President Donald Trump’s most recent criticism of the Supreme Court over its tariffs ruling.”

Josh Gerstein of Politico reports that “Roberts defends Supreme Court against Trump attacks; ‘It’s got to stop,’ the chief justice said of personal invective aimed at judges.”

And Kelsey Reichmann of Courthouse News Service reports that “Roberts puts personal and political attacks against judges on blast; The chief justice aired grievances about misconceptions of bias, insularity and loyalty on the Supreme Court.”

The Baker Institute has posted on YouTube a video titled “A Conversation with John G. Roberts, Jr., Chief Justice of the United States.”

Posted at 10:36 PM by Howard Bashman



“Judge Ejects Federal Prosecutor From Court and Orders Bosses to Testify; Judge Zahid Quraishi ordered a hearing on who had the authority to lead New Jersey’s top federal law enforcement office”: Jonah E. Bromwich and Tracey Tully of The New York Times has this report.

Update: In other coverage, Chris Palmer and Abraham Gutman of The Philadelphia Inquirer report that “A federal judge blasted prosecutors in N.J., saying Trump’s DOJ has ‘lost the confidence and the trust of this court’; U.S. District Judge Zahid N. Quraishi said all three lawyers leading the U.S. Attorney’s Office would have to testify in his courtroom before he would decide if a case could proceed.”

Posted at 10:16 PM by Howard Bashman



“Putting The ‘Dick’ In Dicta; Judge Lawrence VanDyke’s ‘swinging dicks’ opinion, including the reaction to it, offers a window into the state of the judiciary — and our country — in 2026”: David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:14 PM by Howard Bashman



Monday, March 16, 2026

“Time to Give Up the Jerome Powell Case; What matters is getting Kevin Warsh confirmed, not appealing a legal loss”: This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 10:14 PM by Howard Bashman



“California’s Never-Ending Race Preferences; Again activists attempt to gut the Golden State’s ban on affirmative action”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:54 PM by Howard Bashman



“Supreme Court Defers Decision on Trump’s Bid to End Protections for Migrants; The justices will hear arguments over the president’s efforts to terminate the program, known as Temporary Protected Status, for migrants from Haiti and Syria as part of his mass deportation efforts”: Ann E. Marimow of The New York Times has this report.

Julian Mark of The Washington Post reports that “Supreme Court to consider whether Trump can end protected status for Syrians, Haitians; A decision by the Supreme Court could affect other challenges to the government’s efforts to end temporary protected status for hundreds of thousands of migrants.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court keeps legal protections for Syrian and Haitian migrants, for now; The Trump administration’s push to strip temporary protections from migrants legally living in the United States put a spotlight on shadow docket precedent.”

Posted at 9:53 PM by Howard Bashman



“Professor J. Joel Alicea Named 37th Recipient of the Federalist Society’s Joseph Story Award”: The “FedSoc Blog” has this post.

Posted at 4:55 PM by Howard Bashman



“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