How Appealing



Thursday, March 5, 2026

“States Sue to Stop Trump From Reviving Steep Tariffs; The lawsuit filed by two dozen attorneys general seeks to invalidate the president’s new, 10 percent global tax on imports”: Tony Romm of The New York Times has this report.

Alec Dent of The Washington Post reports that “Democratic state attorneys general sue Trump over tariffs; The lawsuit accuses the president of trying to ‘sidestep’ a Supreme Court ruling that overturned many of his previous levies.”

And James Fanelli of The Wall Street Journal reports that “States Sue to Stop Trump’s Latest Global Tariff; Case challenges the legal basis for new duties imposed after the Supreme Court struck down previous tariffs.”

Posted at 9:42 PM by Howard Bashman



“Interview with Judge Lawrence VanDyke — University of Florida Federalist Society Chapter”: Josh Blackman has posted this video on YouTube.

Posted at 9:28 PM by Howard Bashman



“Nearly 200 Ex-Judges Tell Supreme Court: Your Unreasoned Emergency Orders Are Not Binding; More than 175 former federal and state judges signed an amicus brief responding to the Trump administration’s argument that lower courts are ‘flouting’ the Supreme Court’s unexplained emergency orders.” Jimmy Hoover of The National Law Journal has this report.

You can access the amicus brief at this link.

Posted at 9:27 PM by Howard Bashman



“Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases; The Bruen decision is somehow getting even more embarrassing with time”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 8:56 PM by Howard Bashman



“Lindsey Halligan Is Under Investigation by the Florida Bar; The actions of Ms. Halligan, who as a U.S. attorney brought criminal cases against President Trump’s enemies, are under review by the organization that licensed her to practice law”: Devlin Barrett and Jonah E. Bromwich of The New York Times have this report.

And yesterday, Barrett and Bromwich had a related article headlined “Trump Justice Dept. Seeks to Stall State Bar Discipline of Its Lawyers; The administration has no control over the disciplinary authorities of state bar associations, but a new proposal would let the attorney general ask them to suspend proceedings involving department lawyers.”

Posted at 8:18 PM by Howard Bashman



“Why Trump First Ended the Law Firm Suits, Then Didn’t; We can’t know for sure, but he ended in a worse place than before”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 8:15 PM by Howard Bashman



“This OLC Opinion Is ‘Bullshit’; When lawyers are motivated to ‘get to yes,’ their work is prone to bullshit (in the technical sense); And this OLC opinion is full of it”: Dan Maurer has this post at the “Lawfare” blog.

Posted at 7:54 PM by Howard Bashman



“The Supreme Court makes a common-sense decision on parental rights in California; The government of California doesn’t supersede parental rights; Even at school”: Erin Morrow Hawley has this essay online at The Washington Post.

Posted at 7:53 PM by Howard Bashman



“The End of Limits on a President’s Wars; Past conflicts eroded Congress’s ability to decide when to go to war; Donald Trump’s attack on Iran destroyed it”: Ruth Marcus has this essay online at The New Yorker.

Also online at The New Yorker, Jill Lepore has an essay titled “Do U.S. Presidents Have the Power to Declare War? On paper, declaring war is reserved for Congress; The Tonkin Gulf Resolution turned a constitutional requirement into a legislative habit of looking away.”

Charlie Savage of The New York Times has an Ideas article headlined “How the Decision to Start a War Became the President’s; Presidents have sidestepped Congress to launch limited military strikes for decades; Trump’s decision to attack Iran is an aggressive escalation.”

And at the “Lawfare” blog, Scott R. Anderson has a post titled “The Law of Going to War with Iran, Redux; The Trump administration’s attack on Iran pushes even the executive branch’s generous understandings of the President’s legal authority to their limits.”

Posted at 7:48 PM by Howard Bashman



“A Judge’s ‘Battle Royale’ With Trump and the Supreme Court; After repeated but cryptic rebukes from the justices, Judge Brian Murphy last week again ruled against one of the administration’s signature immigration programs”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.

Posted at 3:15 PM by Howard Bashman



“An Assertive Supreme Court Turns to Curbing State Courts; Liberal justices accused their colleagues of expanding use of the emergency docket again in two orders issued this week”: Ann E. Marimow of The New York Times has this news analysis.

Posted at 3:12 PM by Howard Bashman



“‘Facts matter’: Former U.S. Justice Department Special Counsel Jack Smith discussed his Harvard years, his long career as a prosecutor, and his belief in the rule of law.” Colleen Walsh of Harvard Law Today has this report.

Harvard Law School has posted on YouTube a video titled “A conversation with Jack Smith ’94.”

Posted at 2:33 PM by Howard Bashman



“States led by New York expected to sue to block Trump’s latest tariffs, calling them an illegal end-run around Supreme Court”: Hugh Son of CNBC has this report.

Posted at 12:19 PM by Howard Bashman



“Larry Tribe Slams Sotomayor to Obama; ‘Bluntly put, she’s not nearly as smart as she seems to think she is’”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:56 AM by Howard Bashman



“Bonus 214: Emergency Relief from State Courts; At a moment in which the Supreme Court’s emergency docket is *already* busier than ever, Monday’s stay grant in the Malliotakis case wrongly expands it to encompass countless state-court rulings, too.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:55 AM by Howard Bashman