How Appealing



Thursday, April 24, 2025

“The Supreme Court’s ‘Selective Proceduralism’ Would Suffocate the Constitution; The law allows for extraordinary interventions under extraordinary circumstances, such as when human beings face the possibility of lifetime incarceration without due process”: Adam Serwer of The Atlantic has this essay.

Posted at 1:45 PM by Howard Bashman



“What the Supreme Court has already said about banishment; It called leaving people stateless a punishment worse than torture”: Law professor John D. Bessler has this essay online at The Washington Post.

Posted at 1:38 PM by Howard Bashman



“Trump administration moved Venezuelan to Texas for possible deportation despite judge’s order”: Luc Cohen of Reuters has this report.

Posted at 1:26 PM by Howard Bashman



“Bonus 145: How (We Think) Emergency Applications Work; Given how much of the Supreme Court’s work in recent years (okay, days) has been focused on emergency applications, it seemed worth attempting an explainer on how (we think) they’re handled.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 7:50 AM by Howard Bashman



Wednesday, April 23, 2025

“Judges Appear Receptive to Blocking Trump’s Orders Targeting Big Law Firms; Perkins Coie and WilmerHale asked two federal judges on Wednesday to permanently put an end to President Trump’s threats to their businesses”: Zach Montague of The New York Times has this report.

Posted at 9:33 PM by Howard Bashman



“The Supreme Court Has No Army; The judiciary has some tools to enforce presidential compliance, but their effectiveness depends ultimately on the vigilance of the American people”: Law professor Thomas P. Schmidt has this essay online at The Atlantic.

And online at USA Today, columnist Chris Brennan has an essay titled “Supreme Court reminds Trump to follow the law, signaling concern that he won’t; It’s not just the liberal Supreme Court justices; Even the conservatives are starting to worry about President Donald Trump.”

Posted at 1:24 PM by Howard Bashman



“The Dispatch Buys SCOTUSblog, a Supreme Court Mainstay; The Dispatch, a right-of-center political news and commentary start-up, plans to keep the legal news website available at no cost; Terms of the deal were not disclosed”: Benjamin Mullin of The New York Times has this report.

At “SCOTUSblog,” Amy Howe has a post titled “The Future of SCOTUSblog.”

And Steve Hayes, CEO and editor of The Dispatch, has a post titled “The Dispatch Acquires SCOTUSblog; We aim to become the definitive source for authoritative reporting and analysis of the rule of law.”

According to Hayes’s post, “In the coming weeks, we’ll announce additional talent — including a partnership with Original Jurisdiction founder and legal commentator David Lat — to help us grow SCOTUSblog’s capabilities, and these expanded offerings will be reserved for Dispatch members. We are also planning to develop products in the coming months for both a professional legal audience and the general public, given the increasing importance of understanding the Supreme Court in American life. And premium and lifetime members will be among the first to preview what we’re building.”

In other words, the David Lat/SCOTUSblog partnership that we’ve all been hoping for will soon be a reality, especially if you are a Dispatch member.

Posted at 12:45 PM by Howard Bashman



“Federal court temporarily blocks NC from taking steps to throw out ballots in Griffin-Riggs lawsuit; Federal courts will allow NC Supreme Court Justice Allison Riggs to pursue her claim that her colleagues on the state’s highest court are violating voters’ constitutional rights by ruling in favor of election claims by Republican Judge Jefferson Griffin”: Will Doran of WRAL has this report.

And Lynn Bonner of NC Newsline reports that “US appeals court pauses NC elections board action in the Supreme Court election case.”

Posted at 12:42 PM by Howard Bashman



Tuesday, April 22, 2025

“Federal judges block NC Supreme Court election ‘cure’ process — for now”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.

And at his “Election Law Blog,” Rick Hasen has a post titled “4th Circuit, on 2-1 Vote, Halts Likely Unconstitutional ‘Cure’ Order in North Carolina Supreme Court Election Contest. What’s Next?

You can access today’s order of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 10:36 PM by Howard Bashman



“The Situation: Contracting Detention to a Lawless State; What law lets the Trump administration store Venezuelans in El Salvadoran prisons?” Benjamin Wittes has this post at the “Lawfare” blog.

Posted at 9:33 PM by Howard Bashman



“Justices Seem Set to Allow Opt-Outs From L.G.B.T.Q. Stories in Schools; In a lively and sometimes heated argument, the Supreme Court’s conservative majority appeared poised to rule for parents with religious objections to storybooks with gay and transgender characters”: Adam Liptak of The New York Times has this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court seems likely to let religious families opt out of LGBTQ storybooks; The lawsuit over public school story time with titles like ‘Uncle Bobby’s Wedding’ and ‘Love, Violet’ is one of three major religious rights cases on the high court’s docket.”

And Mark Walsh of Education Week reports that “Supreme Court Leans Toward Parents on Opt-Outs for LGBTQ+ Lessons.”

Posted at 9:28 PM by Howard Bashman



“What to Know About the Legal Battle Over a North Carolina Supreme Court Race; The Republican challenger has embarked on an extraordinary effort to reverse his election loss that critics say is testing the boundaries of post-election litigation”: Eduardo Medina and Nick Corasaniti of The New York Times have this report.

Posted at 9:24 PM by Howard Bashman



“Justice Dept. says ‘appropriate’ diplomatic talks held about mistakenly deported man; The Trump administration assertion about conversations with the Salvadoran government regarding Kilmar Abrego García came in a court filing without elaboration on what sort of discussions had taken place”: Steve Thompson of The Washington Post has this report.

And María Luisa Paúl of The Washington Post has an article headlined “Her husband was mistakenly deported; Now she’s caught in a political frenzy; Jennifer Vasquez Sura has fought to bring her husband, Kilmar Abrego García, home from a Salvadoran prison while caring for their three children, two of whom have autism.”

Posted at 9:20 PM by Howard Bashman



“Judge Accuses Government of ‘Willful and Bad Faith’ Stonewalling in Deportation Case; The sharp rebuke by a federal judge in Maryland suggested that she had lost her patience with the Trump administration’s recalcitrance in the case”: Alan Feuer of The New York Times has this report.

And Kyle Cheney, Josh Gerstein, and Hassan Ali Kanu of Politico report that “Judge scorches Trump admin for stonewalling in Abrego Garcia deportation case; U.S. officials engaged in ‘willful and intentional noncompliance’ with court orders, Judge Paula Xinis said.”

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

Posted at 9:12 PM by Howard Bashman



“Two federal courts extend deportation block under Alien Enemies Act; One judge accused the Trump administration of drastic and un-American tactics in its removal of migrants”: Marianne LeVine and Shayna Jacobs of The Washington Post have this report.

Posted at 8:57 PM by Howard Bashman



“Jury Rules Against Palin in Libel Case Against The New York Times; After two hours of deliberation, a jury rejected Sarah Palin’s claim that she had been defamed in the newspaper’s 2017 editorial”: Katie Robertson and David Enrich of The New York Times have this report.

Posted at 4:30 PM by Howard Bashman



“Justice Dept. Continues to Stonewall on Efforts to Return Maryland Man; In refusing to reveal much of anything about the administration’s efforts, department lawyers insisted the information constituted state secrets that needed to be protected”: Alan Feuer of The New York Times has this report.

Posted at 2:34 PM by Howard Bashman



“3 Adams Case Prosecutors Resign Rather Than Express Regret to Justice Dept.; They had been placed on administrative leave after refusing to abandon the corruption case against Mayor Eric Adams; ‘We will not confess wrongdoing when there was none,’ they wrote”: Jonah E. Bromwich and William K. Rashbaum of The New York Times have this report.

Posted at 2:32 PM by Howard Bashman



“In the Trump 2.0 Era, The Courts Are Listening — And Not Just to Lawyers; What a small footnote in the Fourth Circuit’s Abrego Garcia opinion tells us about how courts might approach the Second Trump Administration”: Dan Epps has this post at the “Divided Argument” Substack site.

Posted at 2:30 PM by Howard Bashman



“Griffin opposes 4th Circuit intervention in NC Supreme Court election dispute”: The Carolina Journal has this report.

And at his “Election Law Blog,” Rick Hasen has a post titled “Judge Griffin Ignores Justice Scalia’s Bush v. Gore Argument About Irreparable Harm in His Brief in 4th Circuit in Due Process Challenge to Attempt to Overturn Result of North Carolina Supreme Court Election.”

You can view Griffin’s Fourth Circuit filing at this link.

Posted at 1:04 PM by Howard Bashman



“Donna Adelson’s defense lawyers try to disqualify judge presiding over Dan Markel cases”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:00 PM by Howard Bashman



“Angst Builds Inside Federal Agency Over Trump’s Moves Against Law Firms; The Trump administration has deployed the Equal Employment Opportunity Commission in its effort to seek retribution against corporate law firms”: Jessica Silver-Greenberg, Matthew Goldstein, and Kenneth P. Vogel of The New York Times have this report.

Posted at 12:54 PM by Howard Bashman



Monday, April 21, 2025

“Solicitor General John Sauer’s Predicament; His incompatible duties to the president and the Supreme Court are coming to a head”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 1:42 PM by Howard Bashman



“Federal appeals court upholds Massachusetts law banning assault weapons”: Anjali Huynh of The Boston Globe has this report.

Nate Raymond of Reuters reports that “US appeals court upholds Massachusetts assault weapons ban.”

Allie Reed of Bloomberg News reports that “Massachusetts Assault Weapon Ban Upheld by First Circuit Judges; Gun owners claim weapons are owned by law-abiding citizens; Appellate court previously upheld Rhode Island’s ban.”

And Thomas F. Harrison of Courthouse News Service reports that “First Circuit maintains Massachusetts assault weapons ban; A Second Amendment challenge floundered in part because the dangerous guns are seldom actually used for self-defense.”

You can access last Thursday’s ruling of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 1:38 PM by Howard Bashman



“A landlord says her mail wasn’t delivered because she is Black. Supreme Court to weigh in. The landlord alleges postal workers refused to deliver mail to some of her tenants because she’s Black and the tenants were white.” Maureen Groppe of USA Today has this report.

Posted at 1:32 PM by Howard Bashman



“‘An Enormous Usurpation’: Inside the Case Against Trump’s Tariffs; The lawsuits challenging Trump’s trade war make powerful legal arguments. Is that enough?” Ankush Khardori has this essay online at Politico Magazine.

Posted at 1:30 PM by Howard Bashman