How Appealing



Tuesday, March 31, 2026

“A Fifth Circuit Bait-and-Switch to Ignore Crime Victims’ Rights; In 2023 the Fifth Circuit denied the victims’ families challenge to the illegally negotiated Boeing DPA as being ‘premature’ — but today the Circuit denied the families’ challenge as coming too late”: Paul Cassell has this post at “The Volokh Conspiracy.”

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

Posted at 8:44 PM by Howard Bashman



“Supreme Court to rule on birthright citizenship. What it means. Here’s how President Trump’s attempt to sharply limit birthright citizenship could affect millions of Americans.” Maureen Groppe of USA Today has this report.

In commentary, Wednesday’s edition of The Wall Street Journal will contain an editorial titled “Birthright Citizenship Hits the Supreme Court; Trump’s order to exclude the children of illegal immigrants is legal revisionism.”

And also in Wednesday’s edition of The Wall Street Journal, law professor Randy E. Barnett will have an op-ed titled “Trump Is Right on Birthright Citizenship; The 14th Amendment’s authors would exclude illegal and visiting aliens from U.S. ‘jurisdiction.’

Posted at 8:34 PM by Howard Bashman



“‘What Does It Mean To Be A Christian On The Bench?’ ‘A Conversation with Matthew J. Kacsmaryk and James C. Ho.’” Josh Blackman has this post at “The Volokh Conspiracy.”

You can access the conversation at this link.

Posted at 8:30 PM by Howard Bashman



“Supreme Court could strip citizenship of Florida baby, born to a ‘dreamer’; The justices will hear arguments Wednesday in a case that could determine whether children born in the U.S. to noncitizens have a country to call home”: Justin Jouvenal of The Washington Post has this report.

And on today’s edition of NPR’s “Morning Edition,” Selena Simmons-Duffin has an audio segment titled “Babies are an afterthought in the birthright citizenship case, advocates say.”

Posted at 1:07 PM by Howard Bashman



“In Supreme Court Justices’ Histories, a Story of Immigration in America; As the justices prepare to hear a landmark case about birthright citizenship, their family stories are a reminder that the law has shaped who can be an American”: Abbie VanSickle and Julie Tate of The New York Times have this report.

Posted at 1:04 PM by Howard Bashman



“Justices Reject Colorado Law Banning ‘Conversion Therapy’ for L.G.B.T.Q. Minors; The state and more than 20 others restrict therapists from trying to change the gender identity or sexual orientation of L.G.B.T.Q. clients under the age of 18”: Ann E. Marimow of The New York Times has this report.

Justin Jouvenal of The Washington Post reports that “Supreme Court finds law banning gay conversion therapy for minors likely violates free speech; The major ruling casts doubt on similar prohibitions in 30 states. It is the latest in a string of decisions by the high court rolling back protections for LGBTQ+ people.”

David G. Savage of The Los Angeles Times reports that “Supreme Court says state bans on ‘conversion therapy’ violate counselors’ free speech rights.”

James Romoser of The Wall Street Journal reports that “Supreme Court Finds Conversion-Therapy Ban Censored Speech; In 8-1 decision, court revives counselor’s challenge to Colorado’s ban on therapy aimed at changing a young person’s sexual orientation or gender identity.”

Maureen Groppe of USA Today reports that “Supreme Court says conversion therapy ban violates counselor’s speech rights; The Supreme Court said Colorado’s ban on conversion therapy for minors violates the free speech rights of a Christian counselor.”

And Stephen Dinan and Alex Swoyer of The Washington Times report that “Supreme Court upholds First Amendment right to ‘conversion’ talk therapy for LGBT kids.”

You can access today’s 8-to-1 ruling of the U.S. Supreme Court at this link.

Posted at 12:32 PM by Howard Bashman



Monday, March 30, 2026

“Broccoli, Birthright Citzenship, and How to Confront Terrible Constitutional Arguments”: Eric Segall has this blog post at “Dorf on Law.”

Posted at 9:55 PM by Howard Bashman



“Justice Dept. suit challenging D.C.’s ban on AR-15s alarms ex-DOJ attorneys; In a brief supporting a dismissal of the suit, former Justice Department attorneys say the agency’s use of a civil rights statute is ‘dangerous’”: Jasmine Golden and Peter Hermann of The Washington Post have this report.

Posted at 9:48 PM by Howard Bashman



“Trump-Targeted Law Firms Fight DOJ Bid to Revive Orders”: Justin Henry and Meghan Tribe of Bloomberg Law have this report.

Posted at 9:44 PM by Howard Bashman



“Trump officials cite white supremacists in bid to end birthright citizenship; An argument heading to the Supreme Court is built in part on a post-Civil War campaign that scholars say was steeped in anti-Black and anti-Chinese racism”: Justin Jouvenal of The Washington Post has this report.

Posted at 9:42 PM by Howard Bashman



“The birthright citizenship case at the Supreme Court hits close to home for this immigrant mother”: Mark Sherman of The Associated Press has this report.

Posted at 9:34 PM by Howard Bashman



“AI and Privilege After United States v. Heppner; A recent flawed ruling on privilege threatens the access to legal services that AI tools can provide”: Justin Curl and Mihir Kshirsagar have this post at the “Lawfare” blog.

Posted at 8:48 PM by Howard Bashman



“Scalia Law Places 30+ Students in Federal Clerkships 3 Years in a Row”: George Mason University Antonin Scalia Law School has this report.

Posted at 8:43 PM by Howard Bashman



“218. Qualified Immunity and the Shadow Docket: The Supreme Court’s ruling in Zorn v. Linton illustrates the pathologies of both its current approach to qualified immunity doctrine and its willingness to resolve appeals in such cases summarily.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 4:57 PM by Howard Bashman



“Four Problems for Trump in Birthright Citizenship Case: The president must confront a 1952 federal law, the possibility that millions will lose their citizenships, stateless foundlings and a fluid future.” You can access the newest installment of “The Docket” newsletter from Adam Liptak of The New York Times at this link.

Posted at 1:05 PM by Howard Bashman



“Trump’s Birthright Citizenship Order at Supreme Court Splits Conservative Scholars; Before President Trump’s order to limit birthright citizenship, there was widespread agreement that the 14th Amendment guaranteed citizenship for U.S.-born babies”: Ann E. Marimow of The New York Times has this news analysis.

Posted at 1:02 PM by Howard Bashman



Sunday, March 29, 2026

“Birthright Citizenship Case Pushes Trump’s Relationship With Supreme Court to Brink; President fumes at justices as they prepare to take up his next big case”: James Romoser of The Wall Street Journal has this report.

Lawrence Hurley of NBC News has an article headlined “Looking to limit birthright citizenship, Trump turns to an 1884 Supreme Court ruling against a Native American man; Experts on Native American law say the Elk v. Wilkins ruling has no bearing on whether the children of immigrants without permanent legal status can be denied birthright citizenship.”

And Jordan Fischer of Bloomberg Law reports that “ACLU Prepares for Supreme Court Fight on Birthright Citizenship.”

Posted at 10:00 PM by Howard Bashman



“Judicial Notice (03.29.26): Contempt All Around; A viral video of contumacious counsel, a new U.S. attorney for New Jersey, a law firm raising top partner pay (to $17 million), and the next GC of the NAACP.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:26 PM by Howard Bashman



Saturday, March 28, 2026

“Trump Has a Plan for the Midterms, SCOTUS May Help; At what point are we no longer a democracy?” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 9:30 PM by Howard Bashman



Friday, March 27, 2026

“The Texas Lawyer and Part-Time Pastor Who Beat Meta and Google; Plaintiff’s attorney Mark Lanier uses props and parables to challenge social-media giants, drugmakers and manufacturers of products containing asbestos”: Laura J. Nelson and Katherine Sayre of The Wall Street Journal have this report.

Posted at 9:37 PM by Howard Bashman



“Trump’s birthright citizenship bid ignites war over originalism at Supreme Court; The bid to limit birthright citizenship could be a can of worms as the justices are confronted with an academic battle over revisionist history”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 8:57 PM by Howard Bashman



“Some Judges See Risks in Fiery Opinions Warning of Threats to Democracy; Federal judges are weighing strategies for how to respond to the high stakes, anonymous threats and politicized atmosphere of the Trump era”: Mattathias Schwartz of The New York Times has this report.

Posted at 8:50 PM by Howard Bashman