How Appealing



Sunday, June 22, 2025

“Personal Jurisdiction at SCOTX; Justice Busby pens a concurrence calling for the Supreme Court to revisit its personal jurisdiction jurisprudence to provide greater clarity”: Adam Shniderman has this post at his “14th & Colorado” Substack site.

Posted at 1:25 PM by Howard Bashman



“For Tennessee’s Transgender Families, the Court Ruling Was Bitter, but Expected; The state has been a leader in the rollback of L.G.B.T.Q. rights”: Emily Cochrane of The New York Times has this report.

Kelsey Reichmann of Courthouse News Service reports that “Fight over trans rights far from finished at Supreme Court; Transgender advocates and opponents showed no signs of slowing after the justices’ highly anticipated ruling, with both sides seeing fertile ground for future litigation.”

Online at The New York Times, columnist M. Gessen has an essay titled “The Supreme Court’s Blindness to Transgender Reality.”

And at his “Better Judgment” Substack site, Reynolds Holding has a post titled “Killing Us Softly With Its Words; Maybe a little understatement from the Supreme Court is OK.”

Posted at 1:23 PM by Howard Bashman



Saturday, June 21, 2025

“In US court, due process rulings have been word for word”: Shelley Murphy of The Boston Globe has an article that begins, “In case after case, the message to the Trump administration from federal judges in Massachusetts has been clear: Immigrants are entitled to due process rights. And frequently, the rulings have echoed one another almost verbatim.”

Posted at 9:48 AM by Howard Bashman



Friday, June 20, 2025

“A judge sided with Trump. Behind the scenes, he was lobbying for a nomination. Ed Artau was already meeting with Senate staff about securing a nomination to the federal bench when he sided with Trump in a case, according to a new Senate disclosure obtained by POLITICO.” Hailey Fuchs of Politico has this report.

Posted at 9:42 PM by Howard Bashman



“Some Thoughts on United States v. Skrmetti: Equal Protection Methodology Both Is and Isn’t Changing with the Times.” Richard M Re has this post at the “Divided Argument” Substack site.

Posted at 9:36 PM by Howard Bashman



“Trump can command National Guard as California’s legal challenge moves forward, appeals court says”: Sonja Sharp of The Los Angeles Times has this report.

And Jess Bravin and Brent Kendall of The Wall Street Journal report that “Appeals Court Lets Trump Keep Control of California National Guard Troops in L.A.; Decision blocks a lower-court order that found the president exceeded his authority by federalizing state forces in response to protests.”

You can access yesterday’s ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 9:34 PM by Howard Bashman



“How the Transgender Rights Movement Bet on the Supreme Court and Lost; The inside story of the case that could set the movement back a generation”: Nicholas Confessore has this article online at The New York Times Magazine.

Posted at 9:20 PM by Howard Bashman



“Federal Appeals Court Upholds Block on Louisiana Ten Commandments Display Law”: Mark Walsh of Education Week has this report.

Posted at 9:08 PM by Howard Bashman



“Supreme Court Cannot Keep Fed Independent but Shove Other Agencies Under President’s ‘Unitary Executive’ Thumb”: Stuart M. Gerson and Simon Lazarus have this essay online at The National Law Journal.

Posted at 9:05 PM by Howard Bashman



“Georgia’s Abortion Ban Just Forced a Brain-Dead Woman On Life Support to Give Birth; The Supreme Court’s decision in Dobbs upended decades of settled law; Adriana Smith and her family paid the price”: Madiba K. Dennie has this post at Balls and Strikes.

Posted at 9:03 PM by Howard Bashman



“Lawyer Calls Judge ‘Honey’ During Oral Argument And You Can Feel The Cringe; You can’t spell ‘Your Honor” without “Hon…’”: Joe Patrice has this blog post at “Above the Law.”

Posted at 8:42 PM by Howard Bashman



“The Corporate Court: In a stunning critique, Ketanji Brown Jackson nails the Supreme Court’s egregious big business bias.” Mark Joseph Stern has this Jurisprudence essay online at Slate.

Posted at 8:33 PM by Howard Bashman



“The Promise and Pitfalls of Justice Barrett’s Skrmetti Concurrence; Justice Barrett rehabilitates Footnote 4, gives credence to Justice Kennedy’s animus jurisprudence, and all but says that gays who were affected by a ‘legacy of de jure discrimination’ are a suspect class”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:26 PM by Howard Bashman



“Supreme Court Won’t Fast-Track Tariffs Challenge; In an unusual request, two toy manufacturers had asked the court to greatly expedite their case”: Adam Liptak of The New York Times has this report.

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

Posted at 8:20 PM by Howard Bashman



“Mahmoud Khalil Must Be Released on Bail, Federal Judge Orders; Mr. Khalil, a Columbia graduate and legal permanent resident, has been held in Louisiana for over three months; The judge found reason to believe it was retaliation for his pro-Palestinian speech”: Jonah E. Bromwich of The New York Times has this report.

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

Posted at 3:48 PM by Howard Bashman



Thursday, June 19, 2025

“Boeing 737 MAX victims’ relatives ask judge to reject deal ending criminal case”: David Shepardson of Reuters has this report.

And at “The Volokh Conspiracy,” Paul Cassell has a post titled “Can Federal Prosecutors Avoid Judicial Review of Dismissal Motions by Agreeing in Advance With a Defendant Not to Prosecute? The Justice Department and Boeing are trying that dubious maneuver, which eviscerates the requirement in the federal rules that judges must approve dismissal motions.”

Posted at 1:38 PM by Howard Bashman



“Harvard Law Review Axes 85 Percent of Submissions Using Race-Conscious Rubric, Documents Show; Journal nixed piece by Asian scholar after editors complained there were ‘not enough Black and Latino/Latina authors’”: Aaron Sibarium of The Washington Free Beacon has this report.

Posted at 1:34 PM by Howard Bashman



“Justice Alito: Dobbs, A Color Blind Constitution, And The Balancing Of Power | Uncommon Knowledge.” The Hoover Institution has posted this interview on YouTube.

Posted at 1:30 PM by Howard Bashman



Wednesday, June 18, 2025

“Supreme Court Set to Leave Town With Trump Challenges Unsettled”: Greg Stohr and Zoe Tillman of Bloomberg News have this report.

Posted at 9:12 PM by Howard Bashman



“Trump Submits Bove Nomination for Third Circuit New Jersey Seat; Bove listed as pending nominee for New Jersey vacancy; Leaves Delaware vacancy without pending nominee”: Tiana Headley of Bloomberg Law has this report.

As the article notes, the White House’s formal transmission (see also here) identifies the nominee as “Emil J. Bove III, of Pennsylvania, to be United States Circuit Judge for the Third Circuit,” so perhaps if the nominee is confirmed this Third Circuit seat will exist in Pennsylvania instead of in New Jersey.

Posted at 8:53 PM by Howard Bashman



“The Supreme Court Is Taking the Easy Way Out on Trans Care; In its ruling on Tennessee’s ban on gender-affirming care for minors, the majority made clear it wants no part of the debate”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion.

Posted at 8:42 PM by Howard Bashman



“Good Supreme Court Sense on Trans Hormones; The Justices uphold a Tennessee law barring adolescent treatments”: The Wall Street Journal has published this editorial.

Online at The Los Angeles Times, law professor Erwin Chemerinsky has an essay titled “The Supreme Court failed when it decided against gender-affirming care.”

Online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “John Roberts’ Anti-Trans Opinion Is a Garbled Mess. It’s Easy to See Why.”

Online at Balls and Strikes, Madiba K. Dennie has an essay titled “Supreme Court Not Sure Why You Thought the Equal Protection Clause Meant Anything; A law banning healthcare for trans kids does not discriminate against trans kids, and other pearls of wisdom from the country’s sharpest legal minds.”

And also online at Balls and Strikes, Jay Willis has an essay titled “Amy Coney Barrett Cannot Wait to Legalize Discrimination Against Trans People; Pundits in search of the next Anthony Kennedy should probably consider other options.”

Posted at 8:03 PM by Howard Bashman



“Senate Democrats Are Letting Trump’s Judicial Nominees Off the Hook; The president’s first batch of nominees included some eye-popping answers in their written questionnaires; If only Democrats had thought to ask the questions in person when they had the chance”: Jay Willis has this essay online at Balls and Strikes.

Posted at 7:58 PM by Howard Bashman



“Supreme Court Upholds Tennessee Ban on Transgender Care for Minors; The justices ruled that the state’s law, which prohibited some medical treatments for transgender youths, did not violate equal protection principles”: Adam Liptak of The New York Times has this report.

Abbie VanSickle of The New York Times reports that “Sotomayor Writes the Court ‘Abandons’ Transgender Children to ‘Political Whims’; Justice Sotomayor also read her dissent from the bench, a move typically reserved to emphasize a justice’s extreme displeasure with a decision.”

Ann E. Marimow and Casey Parks of The Washington Post report that “Tennessee can ban gender transition care for minors, Supreme Court says; The court’s decision allows the law in Tennessee and has implications for the 23 other states that have banned similar treatments in recent years.”

David G. Savage and Kevin Rector of The Los Angeles Times report that “Supreme Court upholds red-state laws that ban hormones for transgender teens.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Allows States to Restrict Transgender Treatments for Minors; By 6-3 vote, justices say Tennessee ban is constitutional, the latest setback to transgender rights.”

Maureen Groppe of USA Today reports that “Supreme Court upholds state ban on transgender minors using puberty blockers, hormone therapy; In her dissent, Justice Sotomayor said the Supreme Court ‘abandons transgender children and their families to political whims.’

Stephen Dinan of The Washington Times reports that “Supreme Court upholds state law banning transgender treatments for minors.”

And Melissa Brown and Evan Mealins of The Tennessean report that “U.S. Supreme Court rules Tennessee ban on gender transition treatments for minors is legal.”

You can access today’s ruling of the U.S. Supreme Court at this link.

Posted at 7:55 PM by Howard Bashman



Tuesday, June 17, 2025

“Law-Skepticism On The New Right; A Sympathetic Critique”: Adrian Vermeule has this post at “The New Digest” Substack site.

Posted at 10:27 PM by Howard Bashman



“Companies Ask Supreme Court to Fast-Track Challenge to Tariffs; Two toy manufacturers asked the court to greatly expedite their case, in an unusual request”: Adam Liptak of The New York Times has this report.

Lawrence Hurley of NBC News reports that “Companies ask Supreme Court to quickly hear Trump tariffs challenge; Two toy companies are urging the justices to intervene so that they can hear oral arguments in the fall.”

And Greg Stohr of Bloomberg News reports that “Supreme Court Asked to Hear Challenge to Trump’s Global Tariffs.”

You can view the Petition for Writ of Certiorari before Judgment at this link.

Posted at 9:32 PM by Howard Bashman



“Trump’s lawyers anxiously await Supreme Court decision on judicial power”: Paula Reid and Casey Gannon of CNN have this report.

Posted at 9:26 PM by Howard Bashman



“Supreme Court Justices Disclose International Travel and Book Deals; Annual financial disclosures revealed some of the perks of being on the Supreme Court, including international teaching and book sales”: Abbie VanSickle of The New York Times has this report.

And Ann E. Marimow, Justin Jouvenal, and Aaron Schaffer of The Washington Post report that “Justice Ketanji Brown Jackson reports $2 million payment for memoir; Financial disclosure forms for Supreme Court justices released Tuesday show their income for books, teaching and speaking engagements.”

Posted at 9:18 PM by Howard Bashman



“Justice Jackson Reports Earning Over $2 Million for Memoir”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 7:22 PM by Howard Bashman