How Appealing



Monday, February 24, 2025

“Trump Is the Law for the Executive Branch; How the administration conforms legal interpretation to the president’s wishes”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 10:09 PM by Howard Bashman



“Trump, the NLRB, and Humphrey’s Executor: Does the Supreme Court believe in ‘independent’ federal agencies? Watch Gwynne Wilcox’s suit.” This editorial will appear in Tuesday’s edition of The Wall Street Journal.

Posted at 10:02 PM by Howard Bashman



“‘It’s obviously retribution’: Supreme Court justices warn of Legislature’s judicial clampdown; Utah Republican lawmakers are working to pass a suite of bills targeting the state’s judiciary.” Robert Gehrke of The Salt Lake Tribune has this report.

Posted at 10:00 PM by Howard Bashman



“DOGE Lawsuits May Occasion Scalia’s Revenge; Trump and Musk invite lawsuits that could vindicate his greatest dissent”: Columnist William McGurn will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 9:53 PM by Howard Bashman



“Trump called himself a king. The Supreme Court must correct him. It’s not only crucial for democracy, but it’s the only way for the court to stay consistent with its own rulings.” The Boston Globe has published this editorial.

Posted at 9:51 PM by Howard Bashman



“Neal Katyal, Milbank join team suing Trump over bid to oust Democratic official”: Mike Scarcella of Reuters has this report.

Posted at 9:46 PM by Howard Bashman



“Supreme court justice calls out lawyer for citing AI-generated ‘phantom rulings’; Supreme Court Justice Kanfi-Steinitz exposes a lawyer’s use of artificial intelligence to fabricate legal precedents, highlighting growing concerns about AI’s misuse in Israel’s legal system”: Bini Ashkenazi of The Jerusalem Post has this report.

Posted at 9:42 PM by Howard Bashman



“Supreme Court Justices Appear Narrowly Divided Over Death Row Prisoner Plea for DNA Testing; The justices heard arguments in the case of a man on death row in Texas who claims DNA testing could spare his life”: Abbie VanSickle of The New York Times has this report.

Posted at 9:26 PM by Howard Bashman



“Straight woman lost two jobs to gay colleagues. Supreme Court will decide if she can sue. Lower courts said Marlean Ames hadn’t backed up her claim that the Ohio Department of Youth Services is ‘that unusual employer who discriminates against the majority.’” Maureen Groppe of USA Today has this report.

Posted at 9:22 PM by Howard Bashman



“Trump’s Justice Department enforcer is no stranger to complaints about his conduct”: Joshua Goodman, Jim Mustian, and Eric Tucker of The Associated Press have this report.

Posted at 5:16 PM by Howard Bashman



“Death penalty DNA debacle sparks broader questions over compliance with court orders ; Several Supreme Court justices worried that a low-profile death penalty appeal could upend fundamental judicial principles”: Kelsey Reichmann of Courthouse News Service has this report.

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “US Supreme Court Weighs DNA Evidence for Death Row Defendant; Case over whether lack of DNA testing can be challenged; Justices decided similar dispute in 2023 involving Rodney Reed.”

Posted at 5:14 PM by Howard Bashman



“US Attorney’s ‘Operation Whirlwind’ Is About Retribution; Ed Martin’s pledge to investigate threats is more about chilling political speech than protecting the public”: Barbara McQuade has this essay online at Bloomberg Opinion.

Posted at 5:11 PM by Howard Bashman



“The Delirious, Violent, Impossible True Story of the Zizians: A handful of gifted young tech people set out to save the world; For years, WIRED has been tracking each twist and turn of their alleged descent into mayhem and death.” Evan Ratliff of Wired has this report (subscription required for full access).

Posted at 4:55 PM by Howard Bashman



“While Democracy Burns, Democrats Prioritize . . . Demolishing Section 230?” Mike Masnick of Techdirt has this post.

Posted at 4:52 PM by Howard Bashman



“The long wait for a glimpse of Luigi: Despite being out of the public eye for months, the popular frenzy around Mangione is alive and well.” Mia Sato of The Verge has this report.

Posted at 4:50 PM by Howard Bashman



“Federal judge says he will not recuse from trans athlete case over courtroom pronoun policy; ‘And no party should continue to confuse the Court’s show of respect and courtesy for bias,’ wrote Judge S. Kato Crews”: Michael Karlik of Colorado Politics has this report.

You can access the court’s ruling at this link.

Posted at 3:20 PM by Howard Bashman



“Justice Thomas lambasts writ denial of paralyzed Air National Guard member’s tort claims; The George H.W. Bush appointee said service members should be afforded the same chance at relief for government negligence as civilians”: Joe Dodson of Courthouse News Service has this report.

Posted at 3:11 PM by Howard Bashman



“The Supreme Court hears a challenge to a DEI rule that genuinely needs to go; Ames v. Ohio should be an easy — and potentially unanimously decided — case, assuming the Court doesn’t overreach”: Ian Millhiser has this essay online at Vox.

Posted at 3:03 PM by Howard Bashman



“126. The ‘Fixed Star in Our Constitutional Constellation’: It’s worth spending time with Justice Robert Jackson’s 1943 majority opinion holding that the First Amendment bars compulsory flag salutes and compelled recitations of the Pledge of Allegiance.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 3:00 PM by Howard Bashman



“Statement of First Circuit Court of Appeals Regarding Passing of Judge Bruce M. Selya”: The U.S. Court of Appeals for the First Circuit issued this news release yesterday.

Posted at 2:55 PM by Howard Bashman



“Long Live The King? Spotting the difference between ‘muscular unitary executive’ and ‘monarchy’ is getting tougher by the day.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 2:53 PM by Howard Bashman



“DOJ Slip-Ups Show Challenges of Defending Trump’s Freewheeling Approach; Judges have questioned whether government legal arguments and factual presentations are accurate”: C. Ryan Barber, Josh Dawsey, and Jacob Gershman of The Wall Street Journal have this report.

Posted at 2:50 PM by Howard Bashman



“Georgia Republicans push for Clarence Thomas statue by state Supreme Court”: Greg Bluestein, Tia Mitchell, Patricia Murphy, and Adam Beam of The Atlanta Journal-Constitution have this report.

Posted at 2:45 PM by Howard Bashman



“The Chaos of Trump’s Guantánamo Plan; The confusion surrounding the detention of migrants at the base and their sudden deportation shouldn’t be mistaken for a broader lack of planning”: Jonathan Blitzer has this Comment in the Talk of the Town section of the March 3, 2025 issue of The New Yorker.

Posted at 11:15 AM by Howard Bashman



“Before he became Trump’s bulldog at DOJ, Emil Bove was nearly demoted for bellicose management style; When Bove worked in the Manhattan U.S. attorney’s office, some colleagues saw his conduct as abusive, prompting office leaders to open an internal inquiry”: Erica Orden of Politico has this report.

Posted at 11:14 AM by Howard Bashman