How Appealing



Thursday, May 7, 2026

“Did This Appeals Court Go Rogue on Abortion Pills? The Fifth Circuit, reversed more than any other appeals court, has a reputation for taking extreme positions.” Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.

Posted at 10:14 PM by Howard Bashman



“Let’s Talk about Neal Katyal’s TED Talk; He takes a shot at Michael McConnell as ‘that guy’ and compares the Court’s questions to Harvey AI”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 10:09 PM by Howard Bashman



“Rule of Law 2, Trump’s Tariffs 0; The Section 122 border taxes go down, his second big legal defeat”: The Wall Street Journal has published this editorial.

Posted at 9:27 PM by Howard Bashman



“Abortion pill fight brings volatility of post-Roe world back to SCOTUS; Doctors, drugmakers, policy experts and advocates flooded the Supreme Court’s emergency docket with warnings of imminent danger that could come from the latest fight over abortion care before the justices”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 9:22 PM by Howard Bashman



“How Catholicism and Conservatism Come Together in Samuel Alito; Two new biographies of the Supreme Court justice show how his career was propelled by a legal movement that coalesced to take down Roe v. Wade”: Mary Jo McConahay has this book review online at The New York Times.

Posted at 8:59 PM by Howard Bashman



“There’s an Obvious Reason Why The Republican Justices Sound So Nervous; Persuading the public that a Republican-controlled Court issuing Republican-friendly decisions is not a Republican body has never been more difficult”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 8:56 PM by Howard Bashman



“Louisiana Asks Supreme Court to Halt Abortion Pill Access by Mail; The request comes after a federal appeals court temporarily blocked a Food and Drug Administration regulation that has greatly expanded access to the abortion pill mifepristone”: Ann E. Marimow of The New York Times has this report.

And David G. Savage of The Los Angeles Times reports that “Louisiana urges Supreme Court to block abortion pills sent by mail.”

You can access Louisiana’s filing at this link.

Posted at 7:32 PM by Howard Bashman



“Trade Court Rules Trump’s 10% Global Tariff Is Illegal; A panel of federal judges found that President Trump could not legally impose the tariff on most imports”: Tony Romm and Ana Swanson of The New York Times have this report.

David J. Lynch of The Washington Post reports that “Trade court rules against Trump’s global tariff; The U.S. Court of International Trade dealt a blow to the 10 percent global import tax that President Donald Trump imposed after losing on tariffs at the Supreme Court.”

Lydia Wheeler, Gavin Bade, and Louise Radnofsky of The Wall Street Journal report that “Trade Court Rules Against Trump’s New Global Tariffs; Panel says president didn’t meet legal criteria to impose 10% levy.”

And Ari Hawkins of Politico reports that “Trade court rules Trump’s replacement tariffs illegal; A divided three-judge panel on the U.S. Court of International Trade concluded that Trump’s 10 percent global tariffs are unlawful.”

You can access today’s decision of a divided three-judge panel of the U.S. Court of International Trade at this link.

Posted at 7:20 PM by Howard Bashman



“States Versus Trump: Legal Challenges Poised to Smash Record.” Eric Heiseg and Ryan Autullo of Bloomberg Law have this report.

Posted at 2:11 PM by Howard Bashman



“Appeals court appears poised to reject Hegseth’s bid to punish Mark Kelly over ‘illegal orders’ video”: Devan Cole of CNN has this report.

And Olivia Alafriz of Bloomberg Law reports that “Court Leans to Mark Kelly Over Pentagon in Free-Speech Fight.”

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit via this link.

And C-SPAN has posted online a video titled “Senator Mark Kelly Speaks to Reporters After DC Appeals Court Hearing.”

Update: In other coverage, Megan Mineiro of The New York Times reports that “Appeals Court Looks Unlikely to Allow Hegseth to Punish Senator for Video; A three-judge panel in Washington heard arguments in the lawsuit aimed at stopping the Pentagon from disciplining Senator Mark Kelly for a video warning about illegal military orders.”

Leo Shane III, Connor O’Brien, and Lisa Kashinsky of Politico report that “Kelly’s profile rises as he heads toward another likely victory over Hegseth; The saga has turned the Democratic senator into a high-profile opponent of the administration and elevated his national standing ahead of a possible presidential run.”

And Ryan Knappenberger of Courthouse News Service reports that “Pentagon bid to censure Mark Kelly takes heavy fire at DC Circuit; One judge worried that if a veteran wishes to speak freely, giving up their rank and pay was the ‘price’ they must pay under the government’s position.”

Posted at 1:19 PM by Howard Bashman



“Sotomayor’s Account of Her Judicial Philosophy Appalls Progressives; ‘If she was not perjuring herself, she is intellectually unqualified’”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:04 PM by Howard Bashman



“Roberts Hints at Changes to ‘Too Long’ Supreme Court Arguments”: Suzanne Monyak and Jordan Fischer of Bloomberg Law have this report.

Posted at 11:05 AM by Howard Bashman



“Bonus 226: What Makes a Case ‘Big’? The claim that the justices tend to divide ideologically in most of their ‘big’ rulings has recently been criticized on the ground that it’s circular; It really isn’t — but it’s worth unpacking *why*.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:48 AM by Howard Bashman