How Appealing



Monday, April 7, 2025

“The Situation: Missing; Can the government win a case by losing the plaintiff?” Benjamin Wittes has this post at the “Lawfare” blog.

Posted at 8:50 PM by Howard Bashman



“The Dangerous Legacy of the Adams Prosecution: The Department of Justice’s radical revision of the rulebook on federal prosecutions.” Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 8:44 PM by Howard Bashman



“139. Tariffs, Non-Delegation, and the Major Questions Doctrine: President Trump’s economic misadventure is already being challenged in court; The resulting cases will test the consistency of conservative judges’ hostility to broad statutory delegations of power.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:40 PM by Howard Bashman



“Supreme Court Overturns Lower Court’s Block on Venezuelan Deportations; The Trump administration asked the justices to weigh in after a federal judge paused the president’s use of a wartime powers law to deport Venezuelans it accused of being gang members”: Abbie VanSickle of The New York Times has this report.

Justin Jouvenal and Ann E. Marimow of The Washington Post report that “Supreme Court allows use of wartime law to deport alleged gang members; A divided court said migrants filed their challenge to the Alien Enemies Act in the wrong jurisdiction but also said potential deportees must get due process.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Lifts Order Blocking Deportations to El Salvador; A 5-4 court sides with Trump administration but says Venezuelan detainees can challenge removal in a Texas court.”

And Stephen Dinan of The Washington Times reports that “Supreme Court OKs gang suspect deportations to El Salvador, with some new limits.”

You can access this evening’s 5-to-4 ruling of the U.S. Supreme Court at this link.

Posted at 7:42 PM by Howard Bashman



“A Split on the Right Over Whether Teenagers Can Have Guns; Conservative judges have come to opposite conclusions on what the Second Amendment has to say about limiting the gun rights of those under 21”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 5:08 PM by Howard Bashman



“Chief Justice Roberts pauses deadline for return of Maryland man mistakenly deported to El Salvador”: Mark Sherman of The Associated Press has this report.

You can view the order at this link.

Update: The response to the federal government’s application to vacate has been filed, and you can access it at this link.

Posted at 4:00 PM by Howard Bashman



“High court declines new look into New York gun restrictions; The justices seem uninterested in offering further guidance on the high court’s history test for gun laws”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 2:38 PM by Howard Bashman



“Justice Dept. Raises Executive Privilege to Try to Muzzle Fired Pardon Attorney; A fight over the testimony of Elizabeth G. Oyer could have a ripple effect on whether other fired Justice Department lawyers speak publicly about their experiences”: Devlin Barrett of The New York Times has this report.

Posted at 1:07 PM by Howard Bashman



“Trump’s Least Favorite Judge Has Friends in High Places; To President Trump, Judge James E. Boasberg is ‘a troublemaker’ and a ‘Radical Left Lunatic’; But his record and biography, including a friendship with Justice Brett M. Kavanaugh, say otherwise”: Mattathias Schwartz and Alan Feuer of The New York Times have this report.

Posted at 1:02 PM by Howard Bashman



“The Brazilian Judge Taking On the Digital Far Right: Alexandre de Moraes’s efforts to fight extremism online have pitted him against Jair Bolsonaro, Elon Musk, and Donald Trump.” Jon Lee Anderson has this Letter from Brazil in the April 14, 2025 issue of The New Yorker.

Posted at 11:07 AM by Howard Bashman



“Trump War on Big Law Exposes Wall Street Firms’ Soft Underbelly; Acquiescing firms depend on star dealmakers, agency connections; Litigation firms well equipped to oppose the president in court”: Justin Henry of Bloomberg Law has this report.

Posted at 11:02 AM by Howard Bashman



“Appeals court blocks Trump from firing two leaders on federal boards; The decision almost certainly tees up another Supreme Court showdown over the power of the president to control every aspect of the executive branch”: Josh Gerstein and Kyle Cheney of Politico have this report.

Lindsay Whitehurst and Michael Kunzelman of The Associated Press report that “Appeals court reverses Trump firings of 2 board members in cases likely headed for the Supreme Court.”

And Zoe Tillman of Bloomberg News reports that “US Appeals Court Reinstates Agency Members Fired by Trump.”

You can access today’s en banc order of the U.S. Court of Appeals for the D.C. Circuit, and the opinions dissenting therefrom, at this link.

Posted at 11:00 AM by Howard Bashman



Sunday, April 6, 2025

“Judge Calls Mistaken Deportation of Maryland Man a ‘Grievous Error’; Judge Paula Xinis, who has ordered that the Trump administration return the man, Kilmar Armando Abrego Garcia, by Monday, also rejected a request to pause that order”: Alan Feuer of The New York Times has this report.

Maria Sacchetti of The Washington Post reports that “Judge slams U.S. contentions in case of wrongly deported Salvadoran man; In a decision released Sunday, a federal judge takes the Trump administration to task, saying it has ‘no evidence’ the wrongly deported man from Maryland is a gang member.”

And Kyle Cheney, Hassan Ali Kanu, and Josh Gerstein of Politico report that “Judge reaffirms order to return Maryland man erroneously deported to El Salvador; She rejected the idea that the Trump administration has no power to bring the deportee back.”

You can access today’s memorandum opinion of the U.S. District Court for the District of Maryland at this link.

Posted at 10:26 PM by Howard Bashman



“President’s Third Term Talk Defies Constitution and Tests Democracy; The 22nd Amendment is clear: President Trump has to give up his office after his second term; But his refusal to accept that underscores how far he is willing to consider going to consolidate power.” Peter Baker of The New York Times has this news analysis.

Posted at 10:17 PM by Howard Bashman



“Trump, Unbowed, Is Enacting Change on Scale Rarely Seen Before; Financial markets, universities, law firms and world leaders are reeling from the president’s agenda, but White House officials say this was always the plan”: Aaron Zitner, Alex Leary, and Rachel Louise Ensign of The Wall Street Journal have this report.

Posted at 10:15 PM by Howard Bashman



“Trump’s Tariffs Are a Major Legal Question; The Supreme Court has set clear boundaries on unilateral executive action of this magnitude”: Paul Sracic will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 10:09 PM by Howard Bashman



“Judicial Notice (04.06.25): Let’s Make A Deal; Two Biglaw firms settle with Trump, 500-plus law firms sign an amicus brief against the administration, and the NFL hires a new chief legal officer.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:47 PM by Howard Bashman



“Leave the Military: You’re at risk of being told to betray your own values.” Hamilton Nolan has this post at his “How Things Work” Substack site.

Posted at 8:45 PM by Howard Bashman



“Washington’s Towering Judge Rolls With Trump’s Insults; At 6-foot-6, Chief Judge James Boasberg rarely ducks attention. He’s taking MAGA criticism in stride”: Jan Wolfe and C. Ryan Barber of The Wall Street Journal have this report.

Posted at 8:44 PM by Howard Bashman



Saturday, April 5, 2025

“The White House had a TikTok deal. Trump’s China tariff wrecked it. The president announced a further 75-day reprieve to the Chinese-owned video app’s ban as talks continue on a sale, drawing out a years-long battle over the hugely popular platform’s fate.” Drew Harwell and Cat Zakrzewski of The Washington Post have this report.

Posted at 8:41 PM by Howard Bashman



“As Trump tariffs sink in, conservatives challenge whether they’re legal; The New Civil Liberties Alliance, a legal nonprofit, has filed a complaint on behalf of a small stationery company in Florida”: Maegan Vazquez of The Washington Post has this report.

Posted at 8:38 PM by Howard Bashman



“Justice Dept. Accuses Top Immigration Lawyer of Failing to Follow Orders; Erez Reuveni conceded in court that the deportation last month of Kilmar Armando Abrego Garcia, who had a court order allowing him to stay in the United States, should never have taken place”: Glenn Thrush of The New York Times has this report.

Sadie Gurman, James Fanelli, and Jan Wolfe of The Wall Street Journal report that “Justice Department Suspends Lawyer Over Candid Comments on Immigration Case; Erez Reuveni told a judge the Trump administration hadn’t given him a satisfactory answer why a man was deported to an El Salvador prison in error.”

Ken Dilanian, Gary Grumbach, and Raquel Coronell Uribe of NBC News report that “Justice Department places attorney who struggled to explain Maryland man’s deportation on leave; The DOJ attorney said in court that the administration should not have deported Kilmar Abrego Garcia, a protected legal resident.”

And Josh Gerstein of Politico reports that “Justice Department lawyer who argued deportation case is put on paid leave; Erez Reuveni expressed misgivings about the government’s unwillingness to seek the return of a man who was erroneously deported.”

Posted at 8:35 PM by Howard Bashman



“Maryland man illegally deported to El Salvador must be returned to US, judge rules; The judge issued the order requiring the return of Kilmar Abrego Garcia following an extraordinary hearing during which the government admitted that he’d been deported in violation of federal law”: Josh Gerstein and Kyle Cheney of Politico have this report.

You can access the federal government’s stay request filed in the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 8:25 PM by Howard Bashman



“Doug Emhoff publicly criticizes his law firm for coming to agreement with Trump administration”: Jake Tapper of CNN has this report.

Posted at 8:22 PM by Howard Bashman



“An attack on the Constitution? Why Trump’s moves to punish law firms are causing alarm.” Aysha Bagchi of USA Today has this report.

Posted at 8:20 PM by Howard Bashman



“Trump Loyalist Ed Martin Brings Upheaval to US Attorney Office; Trump’s DC US attorney pick described as ‘pugnacious’ and ‘political’; Ed Martin faces calls for nomination hearing”: Suzanne Monyak of Bloomberg Law has this report.

Posted at 8:16 PM by Howard Bashman



“The frenzied 24 hours when Venezuelan migrants in the US were shipped to an El Salvador prison”: Tim Sullivan of The Associated Press has this report.

Posted at 8:14 PM by Howard Bashman



“He Was Deported by Administrative Error. We Talked to His Lawyer. Will the Trump administration follow a federal judge’s orders and bring Kilmar Abrego Garcia home?” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:11 PM by Howard Bashman



“Amid attacks, Judge Boasberg weighs holding Trump officials in contempt; The president and his allies have picked a fight with a veteran judge and former prosecutor with a history of bipartisan support and friendships across the ideological spectrum”: Ann E. Marimow and Spencer S. Hsu of The Washington Post have this report.

Posted at 12:35 PM by Howard Bashman



“Justices Are Asked to Keep Nationwide Pause on Trump’s Birthright Citizenship Order; Immigrant groups and Democratic states pushed back on a Trump administration request for the Supreme Court to allow curbs on birthright citizenship to go into effect in some places”: Abbie VanSickle of The New York Times has this report.

Posted at 12:30 PM by Howard Bashman