How Appealing



Monday, March 17, 2025

“A Judge Ordered Deportation Planes to Turn Around. The White House Didn’t Listen. A New York Times review of flight data showed that at the time of a federal judge’s order, two flights were in the air, and one had not yet taken off.” Luke Broadwater, Albert Sun, and Annie Correal of The New York Times have this report.

Justin Jouvenal, Natalie Allison, Ann E. Marimow, and Marianne LeVine of The Washington Post report that “Trump escalates fight with federal courts over deportation authority; Several legal experts said the deportation episode marks a dramatic — and troubling — escalation in the Trump administration’s pushback against the courts.”

Jess Bravin of The Wall Street Journal reports that “Trump Escalates Push Against Legal Norms; President declares Biden pardons void while White House defends deportations despite court order.”

Jan Wolfe of The Wall Street Journal reports that “Judge Questions Administration’s Defense of Deportation Flights; Case is emerging as one of the biggest tests yet of the administration’s use of legal authorities in deportations.”

In commentary, Tuesday’s edition of The Wall Street Journal will contain an editorial titled “Trump, Deportations and the Law: He campaigned on deporting gang members, but he can’t defy court orders.”

And online at Slate, Dahlia Lithwick and Mark Joseph Stern have a Jurisprudence essay titled “We’ve Officially Entered the Next Phase of Trump’s Dictatorship Era.”

Posted at 10:00 PM by Howard Bashman



“Texas Arrests Midwife and Associate on Charges of Providing Abortions; The two arrests in greater Houston appear to be the first time health care providers have been charged with violating abortion bans in their state since Roe v. Wade was overturned in 2022”: J. David Goodman of The New York Times has this report.

Molly Hennessy-Fiske and Kyle Melnick of The Washington Post reports that “Texas charges midwife in first arrest under state’s abortion ban; Attorney General Ken Paxton alleged Monday that Maria Margarita Rojas performed abortions and practiced medicine without a license.”

And Eleanor Klibanoff of The Texas Tribune reports that “Two Houston-area clinic employees arrested for allegedly providing illegal abortions; This represents the first criminal charges under Texas’ near-total abortion ban.”

Posted at 9:42 PM by Howard Bashman



“Trump’s Deportation Push Tests Courts’ Ability to Check His Power”: Greg Stohr and David Voreacos of Bloomberg News have this report.

Posted at 5:40 PM by Howard Bashman



“A Birthright Citizenship Loss Might Still Give Trump a Victory; Justice Department appeals birthright citizenship to high court; Asks justices to finally rein in nationwide injunctions”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 5:37 PM by Howard Bashman



“Trump Says Biden’s Pardons are ‘Void’ and ‘Vacant’ Because of Autopen; The use of the autopen, a device that reproduces signatures and is ubiquitous in government and business, is ordinarily uncontroversial; There is no power to undo a pardon in the Constitution or case law”: Shawn McCreesh of The New York Times has this report.

Patrick Smith and Dareh Gregorian of NBC News report that “Trump claims Biden’s pardons for Jan. 6 committee are ‘void’ because he used an autopen; Trump has argued that the committee members are guilty of unspecified ‘major crimes.’

And Gregory Korte and Jennifer A Dlouhy of Bloomberg News report that “Trump Calls Biden Pardons ‘Void’ Because of Autopen Usage.”

Posted at 5:32 PM by Howard Bashman



“Judge James Ho Targets ‘Bias’ at Law Firms Amid Trump Attacks; Fifth Circuit won’t review ruling on Mississippi mail ballots; Ho raises ‘ideological or political discrimination’ by attorneys”: Jacqueline Thomsen of Bloomberg Law has this report.

You can access last Friday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, at this link.

Posted at 5:15 PM by Howard Bashman



“132. Five Questions About Trump’s Alien Enemy Act Proclamation: A quick take on some of the questions raised by President Trump’s . . . dubious invocation of a 1798 statute as a basis for arresting, detaining, and removing non-citizens with ties to Tren de Aragua.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 1:26 PM by Howard Bashman



“The Case of Mahmoud Khalil: If the Trump Administration comes out on the wrong side of this fight, it will be because defending free speech remains a politically lucid and powerful principle.” Benjamin Wallace-Wells has this Comment in the Talk of the Town section of the March 24, 2025 issue of The New Yorker.

Posted at 1:20 PM by Howard Bashman



“Is There a Right to a Jury Trial for Death on the High Seas Act Claims Not Designated as Admiralty Claims? Retired Judge Gertner and I have filed an amicus brief in support of certiorari to answer the question, which has important important implications for admiralty jurisdiction.” Paul Cassell has this post at “The Volokh Conspiracy.”

You can access the amicus brief via this link.

Posted at 1:14 PM by Howard Bashman



“Donald Trump’s All-Out Attack on Law Firms; Yes, it’s about retaliation — but also more”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 1:00 PM by Howard Bashman



“Contempt, Equity, and the Boundaries of the United States; Equity does not stop at the water’s edge”: Samuel Bray has this post at the “Divided Argument” Substack site.

Posted at 12:48 PM by Howard Bashman



“133. Birthright Citizenship (Sort of) Reaches the Court: The Trump administration’s emergency applications in three birthright citizenship cases are a cynical effort to mitigate the effects of an inevitable loss on the merits; The justices shouldn’t bite.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 12:33 PM by Howard Bashman