How Appealing



Monday, February 17, 2025

“125. The Court’s First Trump II Case Won’t Be a Bellwether: The challenge to Trump’s removal of the head of the Office of Special Counsel raises unique procedural and substantive issues likely to prevent it from serving as a referendum — in either direction.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 4:14 PM by Howard Bashman



Sunday, February 16, 2025

“Student asks Supreme Court to say he can wear T-shirt saying ‘There are only two genders’; In past decisions, the Supreme Court has allowed students to wear arm bands in protest of the Vietnam War but not to hold up a ‘Bong Hits 4 Jesus’ banner”: Maureen Groppe of USA Today has this report.

You can view the petition for writ of certiorari at this link.

Posted at 10:12 PM by Howard Bashman



“White, heterosexual woman twice replaced by gay co-workers to get Supreme Court hearing”: Alex Swoyer of The Washington Times has this report.

Posted at 10:08 PM by Howard Bashman



“In Moving to Stop Adams Case, Career Lawyer Sought to Stave Off Deeper Crisis; A high-stakes decision for public corruption prosecutors at the Justice Department revealed a generational difference”: Devlin Barrett, Adam Goldman, Glenn Thrush, and William K. Rashbaum of The New York Times have this report.

Posted at 10:06 PM by Howard Bashman



“First Test of Trump’s Power to Fire Officials Reaches Supreme Court; The court’s conservative majority may be receptive to the argument that presidents have unlimited power to remove leaders of independent agencies”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Trump asks Supreme Court to allow him to fire independent agency leader; The administration is seeking legal support from the conservative high court to back its efforts to expand the power of the presidency.”

And Jess Bravin of The Wall Street Journal reports that “Trump Asks Supreme Court to Let Him Fire Ethics Watchdog; Lower courts blocked dismissal, citing federal law requiring misconduct to remove official before his term ends.”

You can view the court filing at this link.

Posted at 10:02 PM by Howard Bashman



“Jan. 6 Rioters Argue Pardons Apply to Charges Including Murder Plot, Child Porn; Defendants argue that Trump pardons should absolve them of additional crimes, some discovered during investigations of the Capitol riot”: Scott Calvert, Tawnell D. Hobbs, and C. Ryan Barber of The Wall Street Journal have this report.

Posted at 9:48 PM by Howard Bashman



“Justice Department fires multiple immigration judges amid case backlog; A union representing the judges said it ‘makes no sense’ to make cuts to immigration courts as Trump promises to carry out mass deportations, which must go through the courts”: Julia Ainsley, Aaron Gilchrist, Nnamdi Egwuonwu, and Megan Lebowitz of NBC News have this report.

Posted at 1:09 PM by Howard Bashman



“Can Trump Defy the Supreme Court? The theoretical power to do so runs far ahead of presidential practice.” Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 1:06 PM by Howard Bashman



“The TikTok Ban Withers Away; As Apple and Google put TikTok back in app stores, Trump’s non-enforcement policy threatens to permanently nullify Congress’s law”: Alan Z. Rozenshtein has this post at the “Lawfare” blog.

Posted at 1:05 PM by Howard Bashman



“The Gangster Presidency: The DoJ’s Eric Adams shakedown sets off a series of defiant and courageous resignations.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 1:02 PM by Howard Bashman



Saturday, February 15, 2025

“74 Lawsuits Have Been Filed to Stop Trump, Most in a Handful of Courts; Democratic-led states, advocates focus on handful of circuits; ‘Forum shopping’ by both parties has slowed new policies”: Zoe Tillman of Bloomberg News has this report.

And Maureen Groppe of USA Today reports that “Biden’s focus on confirming judges reshaped courts as Democrats challenge Trump agenda; Nearly six out of 10 federal district judges have been appointed by Democratic presidents.”

Posted at 10:04 PM by Howard Bashman



“Control of the Wisconsin Supreme Court is up for grabs — again — in first big 2025 battleground race; The contest will serve as a barometer of the political environment in the early stages of the new Trump administration”: Adam Edelman of NBC News has this report.

Posted at 9:56 PM by Howard Bashman



“‘Unitary executive’ theory may reach Supreme Court as Trump wields sweeping power”: John Kruzel of Reuters has this report.

Posted at 9:54 PM by Howard Bashman



“Amid Opposition, Bill to Shrink Montana Supreme Court Moves Forward; Despite pushback from current and former justices of the Montana Supreme Court, a bill to decrease the size of the state’s highest court passed committee on Wednesday and will head to the House floor”: Denali Sagner of The Flathead Beacon has this report.

Posted at 9:48 PM by Howard Bashman



“NC Board of Elections wants Griffin’s election challenge to skip the Court of Appeals”: Lynn Bonner of NC Newsline has this report.

Posted at 9:45 PM by Howard Bashman



“Who is Susan Carney, Alaska’s new chief justice? Carney says each justice of the Supreme Court brings different strengths, points to progress in court access and praises judicial selection process.” Corinne Smith and James Brooks of Alaska Beacon has this report.

Posted at 9:44 PM by Howard Bashman



“A GOP lawmaker wants to add justices to the Utah Supreme Court; The bill comes as the judiciary is in the crosshairs of the Republican-dominated Legislature after courts have repeatedly blocked significant pieces of the agenda”: Robert Gehrke of The Salt Lake Tribune has this report.

Posted at 9:42 PM by Howard Bashman



“Idaho Supreme Court hears arguments to reconsider ruling on ski area liability law; Justices say law as written is contradictory, difficult to interpret after major lawsuit against Sun Valley Resort”: Betsy Z. Russell of Idaho Capital Sun has this report.

Posted at 9:40 PM by Howard Bashman



“Trump administration moves to drop transgender discrimination cases; The EEOC, citing executive orders targeting gender identity, is aiming to dismiss half a dozen cases, marking a reversal in U.S. civil rights enforcement”: Julian Mark and Beth Reinhard of The Washington Post have this report.

Posted at 9:34 PM by Howard Bashman



“In Seeking Adams Dismissal, Trump’s Appointees Use Legal System to Their Advantage; The demand for dismissal underlines the degree to which President Trump has long viewed the justice system as a battleground on which power is deployed for transactional political or personal ends”: Jonah E. Bromwich, Maggie Haberman, and Glenn Thrush of The New York Times have this report.

Posted at 9:32 PM by Howard Bashman



“Trump Will Force the Supreme Court to Face Its Biggest Fear; Throughout US history, the judiciary has worried that a president might simply ignore its decisions”: Greg Stohr of Bloomberg News has this Weekend Essay.

Posted at 9:30 PM by Howard Bashman



“The Radical Legal Theories That Could Fuel a Constitutional Crisis; An increasingly influential group of conservative scholars has some drastic ideas about the president’s power”: Mattathias Schwartz of The New York Times has this report.

Posted at 8:16 PM by Howard Bashman



Friday, February 14, 2025

“A Rupture on the Right Over Prosecutors, Politics and the Rule of Law; Differing interpretations of Attorney General Robert H. Jackson’s classic 1940 speech, ‘The Federal Prosecutor,’ figured in Thursday’s showdown in the Eric Adams case”: Adam Liptak of The New York Times has this report.

Benjamin Weiser and Jonah E. Bromwich of The New York Times have an article headlined “Judges Generally Let Prosecutors Drop Charges; Maybe Not for Adams; Judge Dale E. Ho will weigh the request after the resignation of Manhattan’s U.S. attorney and her accusations of misconduct.”

And in commentary, columnist Ross Douthat has an essay titled “Why Emil Bove’s Battle Against Danielle Sassoon Is So Self-Defeating.”

Posted at 9:35 PM by Howard Bashman



“Goldstein Loses Bid to Substitute House as Bond Collateral; Judge is willing to revisit the issue with more information; Court says it needs more clarity on Goldstein’s finances”: Holly Barker of Bloomberg Law has this report (subscription required for full access).

Posted at 8:30 PM by Howard Bashman



“Can You Spot What’s Missing From This Soft-Focus Profile of Jonathan Mitchell? ‘I’m a lawyer, not really an activist,’ says an activist trying to ban abortion nationwide.” Susan Rinkunas has this essay online at Balls and Strikes.

Posted at 4:44 PM by Howard Bashman



“Another Star U.S. Prosecutor Quits Over Eric Adams Case; Resignation deepens crisis at Justice Department sparked by demand to dismiss criminal charges against New York mayor”: Corinne Ramey of The Wall Street Journal has this report.

Jonah E. Bromwich, Benjamin Weiser, and William K. Rashbaum of The New York Times have an article headlined “Adams’s Lead Prosecutor Quits Defiantly: ‘It Was Never Going to Be Me’; Hagan Scotten told Justice Department officials that he would not be party to a political prosecution; He was the latest in succession of federal prosecutors to quit.”

And Glenn Thrush, Devlin Barrett, and Adam Goldman of The New York Times have a news analysis headlined “Trump Official’s Demand in Adams Case Forces Justice Dept. Showdown; A crisis at the department over the Eric Adams case is an early test of the criminal justice system’s resilience against a retribution-minded president and his appointees.”

Posted at 1:14 PM by Howard Bashman