How Appealing



Monday, March 9, 2026

“In Scathing Ruling, Judge Says 3 Trump Prosecutors Are in Unlawful Roles; The ruling found that the three-person leadership team in New Jersey’s federal prosecutor’s office was illegal, and sharply questioned President Trump’s priorities”: Jonah E. Bromwich and Tracey Tully of The New York Times have this report.

Chris Palmer and Abraham Gutman of The Philadelphia Inquirer report that “Appointment of top federal prosecutors in New Jersey was unconstitutional, judge rules; In a scathing opinion, U.S. District Judge Matthew Brann wrote that Trump’s administration has intentionally avoided taking the proper steps to appoint a top federal prosecutor in New Jersey.”

Jeremy Roebuck of The Washington Post reports that “Trio named to replace Alina Habba as U.S. attorney is also serving illegally, judge says; The decision, which is on hold pending a possible appeal, upended the leadership in New Jersey’s U.S. attorney’s office for the second time in months.”

Kyle Cheney, Matt Friedman, and Erica Orden of Politico report that “Judge rejects NJ US Attorney ‘triumvirate’ in latest blow to Trump prosecutors; ‘One year into this administration, it is plain that President Trump and his top aides have chafed at the limits on their power set forth by law and the Constitution,’ Judge Matthew Brann wrote.”

And David Voreacos of Bloomberg News reports that “Trump’s Trio of NJ Successors to Habba Ruled Illegally Appointed.”

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

Posted at 10:12 PM by Howard Bashman



“Ninth Circuit skeptical of NFL’s win in Sunday Ticket trial; The panel seemed puzzled by the rulings of the trial judge who tossed a $4.7 billion damages award soon after the jury had returned its verdict”: Edvard Pettersson of Courthouse News Service has this report.

The Ninth Circuit has posted video of the oral argument on YouTube. Paul D. Clement argued on behalf of the NFL.

Posted at 10:05 PM by Howard Bashman



“Two Supreme Court Justices Debate Handling of Trump Emergency Cases; In a rare joint appearance, Justices Ketanji Brown Jackson and Brett M. Kavanaugh offered sharply different views on how the court should handle emergency requests”: Abbie VanSickle of The New York Times has this report.

And Justin Jouvenal of The Washington Post reports that “Justice Ketanji Brown Jackson criticizes Supreme Court emergency rulings; During a public forum, Jackson and conservative Justice Brett M. Kavanaugh offered differing views of President Trump’s wins before the high court.”

Posted at 9:58 PM by Howard Bashman



“Gorsuch beats the drum for criminal defendants’ jury rights; As his colleagues sidestep opportunities, Justice Gorsuch called on the lower courts to give closer heed to criminal defendants’ Sixth Amendment rights”: Kelsey Reichmann of Courthouse News Service has this report.

You can view the dissent from the denial of certiorari at this link.

Posted at 9:50 PM by Howard Bashman



“Five UChicago Law Alumni to Clerk at the US Supreme Court Next Term; The graduates will serve four different justices across the Court’s ideological spectrum”: Mark A. Cohen of The University of Chicago Law School has this report.

Posted at 2:22 PM by Howard Bashman



“Judicial Notice (03.08.26): You’re Not The Boss Of Me; Judges trading benchslaps, the DOJ reversing course, firms filing tariff cases, and antitrust lawyers making moves.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 7:52 AM by Howard Bashman