How Appealing



Thursday, November 6, 2025

“Supreme Court Clears Way for Trump Transgender Passport Policy; A lower court judge had temporarily blocked the administration’s policy requiring that passports reflect sex as found on an original birth certificate”: Abbie VanSickle of The New York Times has this report.

And in commentary, at his “One First” Substack site, Steve Vladeck has a post titled “189. The Breezy Inequity of Trump v. Orr; The Supreme Court’s latest grant of emergency relief to the Trump administration illustrates in technicolor the direct (and ugly) consequences of the two different ways it keeps messing up ‘equity.’

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

Posted at 10:02 PM by Howard Bashman



“Trump’s Tariffs May Not Please the Court; The government’s claims in defense of the emergency border taxes don’t stand ‘major questions’ scrutiny”: The Wall Street Journal has published this editorial.

Posted at 9:50 PM by Howard Bashman



“Judge to Consider Moving Trump’s Hush-Money Conviction to Federal Court; A federal judge must now determine whether President Trump’s immunity for official acts means that his Manhattan criminal case belongs in federal court”: Jonah E. Bromwich of The New York Times has this report.

Bob Van Voris, Patricia Hurtado, and Erik Larson of Bloomberg News report that “Trump to Get New Review of Immunity Push in NY Criminal Case.”

And Erik Uebelacker of Courthouse News Service reports that “Second Circuit gives Trump another stab at bucking hush money conviction; An appeals panel ruled Thursday that a federal judge in Manhattan must take one more look at the president’s immunity arguments, which he claims should get his guilty verdict tossed.”

You can access today’s per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 9:34 PM by Howard Bashman



“Texas ban on sexually explicit drag shows can be enforced, federal appeals court rules; The Fifth Circuit Court of Appeals’ ruling suggested not all drag shows are sexually explicit”: Alex Nguyen of The Texas Tribune has this report.

Josh Gerstein and Kyle Cheney of Politico report that “Appeals court lets Texas enforce law aimed at drag shows; Judges appeared divided over First Amendment protection for the performances.”

Cameron Thompson of Courthouse News Service reports that “Fifth Circuit upholds Texas drag show ban; The majority of the appeals panel said that the drag show organizers did not have standing to sue because their planned shows would not be considered ‘sexually oriented performance’ under the previously-blocked Senate Bill 12.”

And Ryan Autullo of Bloomberg Law reports that “Block on Texas Drag Show Law Overturned, Pending Analysis.”

You can access today’s ruling of a partially divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:00 PM by Howard Bashman



“Federal judge grants DOJ request to dismiss criminal case against Boeing; The case was tied to two air disasters that killed 346 people overseas”: Sam Ogozalek of Politico has this report.

And at “The Volokh Conspiracy,” Paul Cassell has this post reacting to today’s development.

Posted at 8:35 PM by Howard Bashman



“The Situation: Where’s the Lie? The government’s response to James Comey’s vindictive prosecution raises one very big and important question.” Benjamin Wittes and Anna Bower have this post at the “Lawfare” blog.

Posted at 8:28 PM by Howard Bashman



“Bayer Weighs Roundup’s Demise Over Thousands of Cancer Lawsuits; The world’s most widely used weedkiller is confronting legal battles as well as a cat-and-mouse game with nature; But it’s not clear what can take its place”: Tim Loh, Hayley Warren, and Julia Janicki of Bloomberg News have this report.

Posted at 8:25 PM by Howard Bashman



“Trump Solicitor General Struggles With Trump Justices on Tariffs”: Justin Wise and Jordan Fischer of Bloomberg Law have this report.

Posted at 8:22 PM by Howard Bashman



“Judges Need to Know What Time It Is — Time to Go Senior”: Michael A. Fragoso has this post at the “Bench Memos” blog.

Posted at 3:18 PM by Howard Bashman



“Jury finds D.C. ‘sandwich guy’ not guilty of assaulting officer; Sean C. Dunn admitted he flung the hoagie at a federal agent; His attorneys called it a ‘harmless gesture’ of protest as Trump commandeered D.C. police”: Salvador Rizzo of The Washington Post has this report.

Posted at 3:00 PM by Howard Bashman