How Appealing



Wednesday, February 12, 2025

“Trump Allies Keep Floating Trial Balloons For Ignoring Court Orders; Just in case, the conservative legal movement is laying the groundwork for the Republican Party’s next big move”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 10:08 PM by Howard Bashman



“How Trump Could Remake the Supreme Court for a Generation: Donald Trump is poised to become the first president since FDR to have appointed the majority of high-court justices; His potential picks are terrifying.” Elie Mystal has this essay in the March 2025 issue of The Nation.

Posted at 10:04 PM by Howard Bashman



“What Happens if Trump Defies the Courts: Do judges have the power to enforce their rulings if the executive branch refuses to comply?” Online at The New Yorker, Isaac Chotiner has this Q. & A. with law professor Cristina Rodríguez.

Posted at 10:00 PM by Howard Bashman



“Culture war issue of when women can get an abortion argued in S.C. Supreme Court”: John Monk of The State of Columbia, South Carolina has this report.

Anna Wilder of The Post and Courier of Charleston, South Carolina reports that “SC Supreme Court hears arguments over when SC’s ‘heartbeat’ abortion bill should be enforced.”

And Terry Benjamin II of The Greenville News reports that “South Carolina Supreme Court hears challenge to state’s six-week abortion ban.”

Posted at 9:57 PM by Howard Bashman



“Missouri Supreme Court hears case on transgender student’s use of school bathrooms; At the core of the argument, judges will have to decide whether a transgender boy can be considered male under the state’s human rights act”: Annelise Hanshaw of Missouri Independent has this report.

Posted at 9:52 PM by Howard Bashman



“What does ‘having sex’ mean? Question focus of spousal rape case before Ohio Supreme Court; A test of Ohio’s law against spousal rape and what requirements victim testimony must meet is going before the Ohio Supreme Court.” Laura A. Bischoff of The Columbus Dispatch has this report.

Posted at 9:48 PM by Howard Bashman



“Is there anyone in government Trump can’t fire? Why Humphrey’s Executor may be in peril at the Supreme Court.” John Fritze of CNN has this report.

Posted at 9:46 PM by Howard Bashman



“White House attacks judges as Trump, Musk flout checks and balances; Their approach — which one prominent Democrat characterized as ‘flagrantly violating the law’ — is drawing legal challenges and carries political risks”: Sarah Ellison and Naftali Bendavid of The Washington Post have this report.

Posted at 9:40 PM by Howard Bashman



“Voting Rights Claims Plunge in Wake of Supreme Court Decision”: Diana Dombrowski, Alex Ebert, and Kimberly Robinson of Bloomberg Law have this report.

Posted at 5:20 PM by Howard Bashman



“Second Circuit affirms R. Kelly’s racketeering and sex crimes conviction; The appeals panel upheld the ‘I Believe I Can Fly’ singer’s conviction for a wide-ranging scheme to recruit and abuse young women and underage girls”: Nika Schoonover of Courthouse News Service has this report.

Jonathan Stempel of Reuters reports that “R. Kelly’s sex trafficking conviction upheld.”

And Larry Neumeister of The Associated Press reports that “Federal appeals court upholds singer R. Kelly’s convictions and 30-year prison term.”

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

Posted at 5:18 PM by Howard Bashman



“Dan Markel case advances in court, as expansion of Markel Act advances in Legislature; For Markel’s mother, Ruth, the process of advocating for the Markel Act became a way to transform grief into action”: Peter Schorsch of Florida Politics has this report.

Posted at 5:14 PM by Howard Bashman



“Musk Calls for ‘Wave’ of Judicial Impeachments Amid Pushback; DOGE head lashes out at federal judges blocking his work; Constitutional bar to impeach is treason, bribery, high crimes”: Dana Hull and Emily Birnbaum of Bloomberg News have this report.

And Suzanne Monyak of Bloomberg Law reports that “Maryland’s Federal Court Becomes Magnet for Trump Challenges; Trial court to hear at least six Trump challenges; Court’s active bench is majority Democratic appointees.”

Posted at 5:11 PM by Howard Bashman



“Sotomayor Says Presidents Are Not Monarchs and Must Obey Rulings; Speaking in general terms at a Florida college and not naming President Trump, the Supreme Court justice’s remarks took on potency in the current climate”: Adam Liptak of The New York Times has this report.

Justin Jouvenal of The Washington Post reports that “Justice Sotomayor says she expects leaders will follow court rulings; The Supreme Court justice did not mention President Donald Trump, whose top advisers have recently questioned the power of judges to block Trump’s initiatives.”

Jay Weaver of The Miami Herald reports that “Justice Sotomayor brings her Latin roots to Miami, and has a message for young people.”

John Fritze of CNN reports that “Supreme Court Justice Sonia Sotomayor says she has faith court orders will be honored.”

Lawrence Hurley of NBC News reports that “Justice Sotomayor defends courts amid criticism from Trump and his allies; At the same time, the liberal justice conceded the limits of the courts’ ‘soft power,’ which relies upon persuading people that rulings are based on reasoned applications of the law.”

Adriana Gomez Licon of The Associated Press reports that “Sotomayor says presidents have largely followed rule of law, offers words of caution.”

And Marita Vlachou of HuffPost reports that “Sonia Sotomayor Has Faith Court Orders Won’t Be Ignored Amid Fears About Trump’s Views.”

The Associated Press has posted on YouTube a video titled “Supreme Court Justice Sonia Sotomayor speaks with Knight Foundation CEO.”

Posted at 5:04 PM by Howard Bashman



“What Marbury v. Madison means for the Supreme Court — and America”: Mark Sherman of The Associated Press has this report.

Posted at 4:45 PM by Howard Bashman



“This obscure law is one reason Trump’s agenda keeps losing in court; Lawsuits challenging Trump policies raise big constitutional questions, but they also rely on a law that requires the government to follow the correct procedures when changing course”: Lawrence Hurley of NBC News has this report.

Posted at 4:18 PM by Howard Bashman



“Trump Gets Second Shot at Flipping the 3rd Circuit. What Might its Future Look Like? Gregg Nunziata, executive director of the Society for the Rule of Law, said there are open questions about what the future of the court will look like, given uncertainties about Trump’s judicial selection approach.” Avalon Zoppo of The National Law Journal has this report.

Posted at 3:54 PM by Howard Bashman



“There’s No Need to Guess. JD Vance Is Ready to Ignore the Courts. I interviewed the vice president last year, and he didn’t mince words about wanting to provoke a constitutional crisis against the Supreme Court.” Ian Ward has this essay online at Politico Magazine.

Posted at 3:50 PM by Howard Bashman



“The umpires strike back: Judges rush to halt Trump’s upheaval of the government; A flurry of orders from federal district judges has slowed Donald Trump’s most controversial initiatives — prompting talk of outright defiance.” Kyle Cheney of Politico has this report.

Posted at 3:48 PM by Howard Bashman



“Prosecutors Call Goldstein a Flight Risk, Financial Danger; Goldstein denies engaging in prohibited financial activity; Government concedes he may not formally own accounts”: Holly Barker of Bloomberg Law has this report.

Posted at 3:45 PM by Howard Bashman



“Justice Department’s Order to Drop Eric Adams Case Is Nonsensical; The Trump DOJ admits the decision was made without assessing the evidence against the New York City mayor”: Law professor Barbara McQuade has this essay online at Bloomberg Opinion.

Posted at 10:20 AM by Howard Bashman



“Boston Federal Court Will Randomly Assign Some National Cases; Massachusetts court will randomly assign some lawsuits against nationwide policies; Memo follows judge-shopping guidance”: Suzanne Monyak of Bloomberg Law has this report (subscription required for full access).

You can access yesterday’s order of the U.S. District Court for the District of Massachusetts at this link.

And in commentary, online at Bloomberg Law, former U.S. District Judge Paul Grimm (D. Md.) has an essay titled “Judges’ Executive Check Works Best When Politics Kept Out of It; Reforms could reduce forum shopping, boost the public’s trust.”

Posted at 10:15 AM by Howard Bashman



“Neal Katyal Leaves Hogan Lovells for Milbank; Katyal, who has argued over 50 cases in front of the Supreme Court, will lead Milbank’s appellate practice, the firm said”: Patrick Smith of The American Lawyer has this report.

Posted at 10:02 AM by Howard Bashman



Tuesday, February 11, 2025

“In Defense of Birthright Citizenship: Precedent and the text make clear that Trump’s order is unconstitutional.” Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 9:40 PM by Howard Bashman



“Is There a Constitutional Crisis? Trump’s actions are aggressive, but they aren’t an executive coup.” This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 9:38 PM by Howard Bashman



“JD Vance’s Tweet Is No Crisis; Judges also have an obligation to respect the separation of powers; Usually they do so”: Law professor Adrian Vermeule will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 9:18 PM by Howard Bashman



“Tom Goldstein Seeks Release, Denies Control Over Crypto Wallets; Goldstein arrested for allegedly violating release conditions; Defendant claims cryptocurrency payments were to satisfy debts”: John Woolley of Bloomberg Law has this report.

Posted at 9:10 PM by Howard Bashman



“Justice Sonia Sotomayor’s Elegy for Precedent: Is the Supreme Court rushing to overturn old cases? The figures say the opposite.” This editorial appeared in Monday’s edition of The Wall Street Journal.

Posted at 8:34 PM by Howard Bashman



“A legal renegade challenges the judicial system”: Marc Fisher of The Washington Post has this profile of attorney Jonathan Mitchell.

Posted at 5:15 PM by Howard Bashman



“Nothing Enrages Clarence Thomas Like Criminal Defendants Having Constitutional Rights; Our bloodthirstiest justice is once again putting on his old-timey detective costume to solve a case he thinks came out the wrong way”: Jay Willis has this essay online at Balls and Strikes.

Posted at 5:14 PM by Howard Bashman



“How to make sense of all the court orders against Donald Trump: Restraining orders? Injunctions? What do all the court orders against Trump mean?” Ian Millhiser has this essay online at Vox.

Posted at 5:12 PM by Howard Bashman