How Appealing



Friday, May 9, 2025

“David Souter: A modest jurist from a bygone era; The Supreme Court justice shaped today’s court more than any other jurist.” Columnist David Von Drehle has this essay online at The Washington Post.

Posted at 8:55 PM by Howard Bashman



“The Case of District Judges vs. Trump: They’re the only officials besides the president who exercise constitutional authority unilaterally, particularly when they issue nationwide injunctions; James C. Ho of the Fifth Circuit says they often abuse that power.” James Taranto will have this new installment of The Weekend Interview in Saturday’s edition of The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Justice David Souter, Who Traded White Marble for the White Mountains; Retiring at just 69 after two decades on the Supreme Court, the justice left a legacy of case-by-case judging, intellectual rigor and a complete lack of pretension”: Adam Liptak of The New York Times has this Supreme Court Memo.

Posted at 8:37 PM by Howard Bashman



“Statements from the Supreme Court Regarding the Death of Retired Associate Justice David Souter”: Available online at this link.

Posted at 8:10 PM by Howard Bashman



“Bonus 147: Shell Games and Nationwide Injunctions; The Trump administration’s geographic gamesmanship with immigration detainees crystallizes the need for the Supreme Court to preserve (at least some) nationwide injunctions.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 4:51 PM by Howard Bashman



“Pa. Appeals Court Upholds $177.3M Roundup Judgment; The three-judge panel soundly rejected a litany of challenges Monsanto lodged against the verdict in Caranci v. Monsanto, including a defense the company has pushed aggressively throughout the broader Roundup litigation”: Aleeza Furman of The Legal Intelligencer has this report on a ruling that a unanimous three-judge panel of the Superior Court of Pennsylvania issued yesterday.

Posted at 4:10 PM by Howard Bashman



“Souter’s Leftward Turn Changed Future Supreme Court Nominations; Bush nominated Souter, known as ‘stealth nominee,’ in 1990; Souter quickly disappointed conservatives with vote to uphold Roe v. Wade”: Tiana Headley and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 1:36 PM by Howard Bashman



“Justice Sotomayor Says Lawyers Must ‘Stand Up’ and ‘Fight This Fight’; In pointed remarks, the justice told an audience of hundreds of lawyers that she had joined them as ‘an act of solidarity’”: Adam Liptak of The New York Times has this report.

Lawrence Hurley of NBC News reports that “Justice Sonia Sotomayor urges lawyers to ‘stand up’ amid Trump tumult; The liberal justice spoke at an event hosted by the American Bar Association, a legal group that has been targeted by the Trump administration.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Justice Sotomayor Stands in ‘Solidarity’ with Embattled ABA; Can’t stand to lose the battles we face, Sotomayor said; Group has come under attack by Trump administration.”

Posted at 1:26 PM by Howard Bashman



“Justice Souter’s Papers Will Be Available In The Year 2075; The Justice was ’emphatic’ that his papers would be available only fifty years after his death”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:00 PM by Howard Bashman



“David H. Souter, Republican Justice Who Allied With Court’s Liberal Wing, Dies at 85; He left conservatives bitterly disappointed with his migration from right to left, leading to the cry of ‘no more Souters’”: The New York Times has published this obituary written by Linda Greenhouse.

The Public Information Office of the U.S. Supreme Court issued this news release today.

Posted at 11:32 AM by Howard Bashman