How Appealing



Thursday, September 4, 2025

“Justice Amy Coney Barrett says country is not in a ‘constitutional crisis’; Speaking to Free Press founder Bari Weiss to promote her new book, the conservative justice said the American people should trust the Supreme Court”: Katherine Koretski and Lawrence Hurley of NBC News have this report.

Posted at 10:08 PM by Howard Bashman



“Trump Asks Supreme Court to Allow Removal of F.T.C. Commissioner; A federal appeals court had reinstated the commissioner, Rebecca Kelly Slaughter, saying she was fired ‘without cause’”: Ann E. Marimow of The New York Times has this report.

Josh Gerstein of Politico reports that “Trump asks Supreme Court to allow firing of FTC member; It’s the administration’s latest bid to gut a 1935 precedent that limited the president’s power to remove leaders of regulatory agencies.”

Kelsey Reichmann of Courthouse News Service reports that “Trump asks Supreme Court to overrule 90-year precedent on shadow docket; The president’s latest termination request targets a Democratic FTC commissioner nominated by Trump himself during his first term.”

Lawrence Hurley of NBC News reports that “Justice Department asks Supreme Court to allow Trump to fire FTC commissioner; The move directly challenges a 1935 Supreme Court precedent that upheld restrictions on the president’s power to remove FTC members without cause.”

And Greg Stohr of Bloomberg News reports that “Trump Asks Supreme Court to Let Him Fire FTC Commissioner.”

You can access the stay application at this link.

Posted at 10:07 PM by Howard Bashman



“The Harvard Ruling Was Written Just for Amy Coney Barrett; It’s not an exaggeration to say the decision has an audience of one, who can help uphold it at the Supreme Court”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 9:57 PM by Howard Bashman



“Appeals Court Says ‘Alligator Alcatraz’ Detention Center Can Stay Open; An appeals panel paused a federal judge’s ruling that no additional detainees could be sent to the center, and that much of it had to be dismantled within 60 days”: Patricia Mazzei of The New York Times has this report.

Victoria Albert and Mariah Timms of The Wall Street Journal report that “Court Allows Alligator Alcatraz to Remain Open; Appeals-court ruling puts on hold decision that would have dismantled much of the facility.”

Alex Pickett of Courthouse News Service reports that “‘Alligator Alcatraz’ will remain open, for now; A divided 11th Circuit panel halted the dismantling of the migrant detention center while environmental groups’ lawsuit proceeds through appeal.”

And Taylor Mills of Bloomberg Law reports that “Alligator Alcatraz to Remain Open as DHS Appeals Shutdown.”

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

Posted at 9:52 PM by Howard Bashman



“Kavanaugh Acknowledges ‘Difficult Job’ of His Lower-Court Colleagues; Speaking at a judicial conference in Memphis, the justice expressed sympathy for the district-court judges whose rulings the Supreme Court has repeatedly paused”: Mattathias Schwartz of The New York Times has this report.

Josh Gerstein of Politico reports that “Brett Kavanaugh says there’s a good reason Supreme Court rulings can sometimes be so cryptic; In remarks to a judicial conference, Kavanaugh also defended Chief Justice John Roberts.”

And Suzanne Monyak of Bloomberg Law reports that “Kavanaugh Pushes New Label for Supreme Court Emergency Docket.”

Posted at 9:42 PM by Howard Bashman



“Appeals court keeps pause on order limiting National Guard actions in L.A.; The order had already been paused by the judge who handed it down this week”: Mark Berman of The Washington Post has this report.

Posted at 9:32 PM by Howard Bashman



“Wrapping Up 2005 and 2006: Two big years in the confirmation wars.” Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:14 PM by Howard Bashman



“Bonus 176: Law, Lawlessness, and Doomerism; Law is not — and never will be — a perfect constraint on government action; But claims that legal limits have become wholly irrelevant to the current administration are not just wrong; they’re dangerous.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:11 PM by Howard Bashman



“GUILTY: Jury reaches verdict in Donna Adelson trial in Dan Markel murder.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 7:52 PM by Howard Bashman



“In rare interviews, federal judges criticize Supreme Court’s handling of Trump cases; Ten judges tell NBC News the Supreme Court needs to explain its rulings better, with some urging Chief Justice John Roberts to do more to defend the judiciary against external criticism”: Lawrence Hurley of NBC News has this report.

Posted at 5:04 PM by Howard Bashman



“Donna Adelson trial live verdict watch: Jury deliberating in Dan Markel murder.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 4:51 PM by Howard Bashman



“What Birthright Citizenship Gave to Me: MAGA’s effort to restrict citizenship rights defies the Constitution — and endangers an essential part of America’s greatness.” Law professor Akhil Reed Amar has this essay online at The Wall Street Journal.

Posted at 1:05 PM by Howard Bashman



“Trump Asks Supreme Court to Allow His Sweeping Tariffs; A federal appeals court had invalidated a centerpiece of President Trump’s economic strategy, finding that a 1977 law did not authorize the tariffs”: Ann E. Marimow of The New York Times has this report.

Justin Jouvenal of The Washington Post reports that “Trump officials ask Supreme Court to quickly allow sweeping tariffs; The petition could set up a blockbuster case on an expedited basis over a centerpiece of the president’s agenda, with huge ramifications for the U.S. economy, global trade and consumers.”

David G. Savage of The Los Angeles Times reports that “Trump urges Supreme Court to uphold his worldwide tariffs in a fast-track ruling.”

Louise Radnofsky of The Wall Street Journal reports that “Trump Administration Seeks Swift Supreme Court Review on Tariffs; Treasury secretary in court submission says lower-court loss is already hurting trade negotiations.”

Maureen Groppe of USA Today reports that “Trump asks Supreme Court to save his tariffs — and do so quickly; An appeals court ruled 7-4 that most of President Donald Trump’s tariffs are illegal.”

And Tom Howell Jr. of The Washington Times reports that “Trump warns of sweeping damage if Supreme Court doesn’t uphold his tariff power.”

Posted at 12:57 PM by Howard Bashman



“For Donald Trump, Everything Is an Emergency; He’s exploiting a diabolical problem in our legal system to expand presidential power”: Adam B. Kushner of The New York Times has this report.

Posted at 9:30 AM by Howard Bashman



“Donna Adelson trial live updates: Closing arguments before jury deliberates for a verdict”: Elena Barrera of The Tallahassee Democrat has this report.

Posted at 9:06 AM by Howard Bashman



Wednesday, September 3, 2025

“Trump appeals to the Supreme Court to preserve his sweeping tariffs; A federal appeals court ruled last week the president doesn’t have the authority to set sweeping tariffs under the emergency powers law he invoked”: Lawrence Hurley and Steve Kopack of NBC News have this report.

You can access online the cert. petition and motion to expedite.

Posted at 10:58 PM by Howard Bashman



“Supreme Court asked to hear case of Alaska taking plane from man for transporting beer; State had seized $95K aircraft over three cases hidden in passenger’s luggage”: Alex Swoyer of The Washington Times has this report.

You can view the cert. petition at this link.

Posted at 9:44 PM by Howard Bashman



“Amy Coney Barrett headlines justices’ blitz to promote books”: Zach Schonfeld and Ella Lee of The Hill have this report.

Posted at 9:38 PM by Howard Bashman



“First Circuit takes aim in showdown over migrants’ Second Amendment rights; When the Trump administration’s anti-immigrant stance conflicted with its pro-gun stance, it chose the former — though judges didn’t indicate if the argument carried the day”: Thomas F. Harrison of Courthouse News Service has this report.

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

Posted at 9:28 PM by Howard Bashman



“Senate Republicans Hatch Plan to Speed Up Trump’s Stalled Nominees”: Steven T. Dennis and Erik Wasson of Bloomberg News have this report.

Posted at 9:12 PM by Howard Bashman



“Senate Democrats grill Third Circuit nominee Mascott on qualifications; Jennifer Mascott, a law professor and White House counsel nominated to an appellate vacancy in Delaware, faced sharp questions from lawmakers about her lack of legal experience in the First State”: Benjamin S. Weiss of Courthouse News Service has this report.

Posted at 9:03 PM by Howard Bashman



“Chief Justice John Roberts is wary of entering political fray, his top adviser says; But Roberts has on occasion responded to partisan criticism of federal judges”: Josh Gerstein of Politico has this report.

Posted at 8:58 PM by Howard Bashman



“Texas moves to allow anyone to sue abortion pill prescribers, distributors; The measure aims to stop the flow of pills into Texas from blue states; It could open package-delivery services up to fines, along with doctors and drug-distribution firms”: Praveena Somasundaram of The Washington Post has this report.

Posted at 8:56 PM by Howard Bashman



“Democrats Criticize 3rd Circuit Pick’s Lack of Ties to Her State’s Legal Community”: Avalon Zoppo of The National Law Journal has this report.

You can access the video of today’s Senate Judiciary Committee confirmation hearing for judicial nominees via this link.

Posted at 4:38 PM by Howard Bashman



“Donna Adelson won’t testify in her own defense in Dan Markel murder trial”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 3:55 PM by Howard Bashman



“Donna Adelson trial: Defense tries to undercut motive, downplays bitter Markel divorce.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 2:48 PM by Howard Bashman



“Appeals Court Blocks Trump’s Use of Alien Enemies Act to Deport Venezuelans; The case appears set to return to the Supreme Court in a decisive battle over President Trump’s use of the 18th-century law to deport migrants”: Alan Feuer of The New York Times has this report.

Jeremy Roebuck of The Washington Post reports that “Federal appellate panel rejects Trump’s deportations under wartime law; The 2-1 decision from the panel, made up of judges from one of the nation’s most conservative appellate courts, follows a string of similar rulings from lower courts across the country.”

Gareth Vipers of The Wall Street Journal reports that “Appeals Court Blocks Trump From Using Alien Enemies Act to Deport Venezuelans; Court rejects White House claims that Venezuela is attempting ‘predatory incursion’ of U.S. territory.”

Stephen Dinan of The Washington Times reports that “Appeals court rules Trump misused Alien Enemies Act against Venezuelan deportees.”

And Kyle Cheney and Josh Gerstein of Politico report that “Appeals court rejects Trump’s bid to deport Venezuelan immigrants he deems ‘alien enemies’; It’s the latest legal setback for Trump’s invocation of the rarely used 1798 wartime law.”

You can access last night’s 185-page ruling of a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit, in which each of the three judges wrote separately, at this link.

Posted at 1:24 PM by Howard Bashman