How Appealing



Wednesday, March 5, 2025

“Don’t Give Up on the Courts; No matter what MAGA says”: Reynolds Holding has this post at his “Better Judgment” Substack site.

Posted at 9:56 PM by Howard Bashman



“Why Harvard Law Is Losing Black Students: A year after the Supreme Court banned race-based admissions, the law school’s first-year Black student enrollment plummeted — with repercussions way beyond the classroom.” Janet Lorin of Bloomberg News has this report.

Posted at 9:40 PM by Howard Bashman



“Mexico Deserves Its Day in Court Against US Gunmakers; The Supreme Court should let the country’s lawsuit proceed because, in this case, firearm manufacturers fall outside the Protection of Lawful Commerce in Arms Act”: Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:38 PM by Howard Bashman



“The Most Important Election of 2025: The April 1 race for the Wisconsin Supreme Court could tilt the U.S. House to Democrats.” Collin Levy will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 9:36 PM by Howard Bashman



Programming note: I will be arguing the final case scheduled for oral argument today before the Supreme Court of Pennsylvania, and there are five argued cases ahead of mine. As a result, additional posts will not appear here until tonight.

The audio of today’s oral arguments will be streamed live on YouTube.

Posted at 7:08 AM by Howard Bashman



Tuesday, March 4, 2025

“Philadelphia Bar Association Issues Statement In Memory of Honorable Phyllis W. Beck”: You can access the statement at this link.

Posted at 8:17 PM by Howard Bashman



“DOJ: The Trump administration is reviewing ‘mifepristone-related’ cases; After seeking a two-month deadline extension, DOJ now has until May 5 to say whether it is changing position in three states’ challenge to mifepristone access.” Chris Geidner has this post at his Substack site.

Posted at 8:10 PM by Howard Bashman



“Trump Must Shut Out the American Bar Association; The administration should remove the increasingly left-wing organization from the judicial-nominating process”: Michael A. Fragoso has this post online at City Journal.

Posted at 8:08 PM by Howard Bashman



“Stand With Trans Americans; You don’t have to understand everything about the transgender experience to know that Trump’s acts of humiliation and dehumanization are unjust and dangerous”: Marc Solomon has this post online at The Bulwark.

Posted at 8:06 PM by Howard Bashman



“Judge denies Donna Adelson request for bond in Dan Markel murder-for-hire case”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 7:53 PM by Howard Bashman



“U.S. Attorney Rebuffed by Justice Dept. in Push to Escalate Inquiry Into Schumer; Ed Martin, the acting U.S. attorney in Washington, has been blocked so far in seeking a grand jury investigation into remarks made by Senator Chuck Schumer about Supreme Court justices”: Glenn Thrush of The New York Times has this report.

Posted at 7:40 AM by Howard Bashman



Monday, March 3, 2025

“Trump Administration Curbs Enforcement of the Corporate Transparency Act; Treasury Department said it won’t take enforcement action against Americans or American companies who fail to file ownership information under the law”: Mengqi Sun of The Wall Street Journal has this report.

Posted at 9:45 PM by Howard Bashman



“A Lawsuit Targeting Gun Makers Would Hit Us All; The Supreme Court case of Smith & Wesson v. Mexico targets the age-old legal doctrine of ‘proximate cause’”: William P. Barr has this essay online at The Wall Street Journal.

Posted at 9:35 PM by Howard Bashman



“High Stakes Supreme Court Elections in Wisconsin and Pennsylvania; With court majorities at stake in both states, 2025 may see the most expensive judicial elections ever”: Douglas Keith has this article online at State Court Report.

Posted at 7:48 PM by Howard Bashman



“Wisconsin Supreme Court race puts Trump and Musk at center stage; The contest that will decide the political tilt of the swing state’s highest court is likely to be the most expensive state court race in U.S. history”: Patrick Marley of The Washington Post has this report.

Barnini Chakraborty of Washington Examiner reports that “Musk bets big in Wisconsin Supreme Court race as Tesla lawsuit hangs in balance.”

And in commentary, online at Bloomberg Opinion, Patricia Lopez has an essay titled “Elon Musk Wants to Be a Kingmaker Again; Most Americans think money already has too much influence in US politics; The world’s richest man seems determined to prove them right — this time, in Wisconsin.”

Posted at 7:44 PM by Howard Bashman



“Some Republican lawmakers increase calls against gay marriage SCOTUS ruling; Same-sex marriage has come under scrutiny by some conservative legislators”: Kiara Alfonseca of ABC News has this report.

Posted at 7:40 PM by Howard Bashman



“At Supreme Court, Mexico to Offer Culprit for Cartel Violence: Gun Makers; The dispute focuses on whether Mexico can hold U.S. manufacturers liable for gun violence and comes amid rising tensions between the countries.” Abbie VanSickle of The New York Times has this report.

And Maureen Groppe of USA Today has an article headlined “A showdown between Mexico and American gun companies hits the Supreme Court; The Supreme Court let parents of Sandy Hook shooting victims sue gun maker; But they’re likely to be tougher on Mexico’s case against the gun industry.”

Posted at 6:00 PM by Howard Bashman



“Can the Media’s Right to Pursue the Powerful Survive Trump’s Second Term? New York Times v. Sullivan and other landmark Supreme Court decisions protect the press’s ability to investigate public figures. But a growing right-wing movement seeks to overturn them.” David Enrich will have this article in this upcoming Sunday’s edition of The New York Times Magazine.

Posted at 5:56 PM by Howard Bashman



“With three seats on the ballot, this year’s state Supreme Court race may be ‘a different animal’; Republican and Democratic campaigners say the outcome could shape policy and politics for a decade or more”: Peter Hall of Pennsylvania Capital-Star has this report.

Posted at 5:54 PM by Howard Bashman



“Dismantling agencies and firing workers: How Trump is redefining relations with Congress and courts; Trump has adopted a theory from former Supreme Court justice Antonin Scalia that presidents control the entire executive branch.” Bart Jansen of USA Today has this report.

Posted at 5:53 PM by Howard Bashman



“N.J. Supreme Court hears reporter’s challenge to law limiting publication of officials’ addresses”: Nikita Biryukov of New Jersey Monitor has this report.

Posted at 5:51 PM by Howard Bashman



“Pa. Supreme Court in for an Eventful March Session; The 11 matters slated to be argued include a long-running challenge to state damages caps, a look at the application of a commonly used venue defense, and a reexamination of statutory employer immunity”: Aleeza Furman of The Legal Intelligencer has this report.

I will be arguing the final case discussed in this article on behalf of the plaintiff/appellant.

Posted at 5:46 PM by Howard Bashman



“Emil Bove Faces DOJ Ethics Complaint Over Mayor Adams Dismissal; Group alleges DOJ’s acting No. 2 committed multiple ethics violations; Bove oversees office reviewing complaint against him”: Ben Penn of Bloomberg Law has this report.

Posted at 11:05 AM by Howard Bashman



“128. Impeaching Federal Judges: Congress has used its power to impeach and remove federal judges only sparingly; Calls from Elon Musk and Republican lawmakers to impeach judges who rule against Trump are powerful reminders of why.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 10:57 AM by Howard Bashman



Sunday, March 2, 2025

“J&J’s New Talc Tort Trial; Johnson & Johnson tries again to settle with the plaintiffs bar over mass lawsuit claims”: This editorial will appear in Monday’s edition of The Wall Street Journal.

Posted at 8:20 PM by Howard Bashman



“When the Lawyers are Lawless: We’re now a country where you don’t know if you’re being arrested or kidnapped (and that’s the point).” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:10 PM by Howard Bashman



“Judicial Notice (03.02.25): The $3,000-An-Hour Club; DOJ drama and departures, lawyers getting sanctioned left and right, eye-popping profits at Paul Weiss, and Cravath’s latest lateral.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:07 PM by Howard Bashman



“U.S. gun companies fight Mexico’s lawsuit at the Supreme Court; The lawsuit seeks to hold U.S. firearms manufacturers accountable for gun violence in Mexico, saying the companies knowingly market to cartels”: Mary Beth Sheridan and Ann E. Marimow of The Washington Post have this report.

Posted at 4:00 PM by Howard Bashman



“Federal Judges Are Ordering Trump to Slow Down. Will He Listen? Inside the nation’s courthouses, administration lawyers are now facing 100 lawsuits. Outside, the White House is mounting political attacks on judges who rule against it.” Mattathias Schwartz and Zach Montague of The New York Times have this report.

Posted at 3:54 PM by Howard Bashman