How Appealing



Saturday, August 30, 2025

“The Cracks in America’s Rule of Law Are Getting Deeper; Court battles over the administration’s sweeping use of executive power are exposing limits on how much judges can constrain the presidency”: Greg Stohr of Bloomberg News has this report.

Posted at 1:15 PM by Howard Bashman



“A grand piano and $10K for false testimony? Jailhouse snitches turn on Donna Adelson.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:11 PM by Howard Bashman



Friday, August 29, 2025

“Trump’s Sweeping Tariffs Invalidated by Appeals Court; The decision is a big blow to President Trump’s trade policies, but the judges left the duties in place for now to allow time for a likely appeal to the Supreme Court”: Tony Romm of The New York Times has this report.

Rachel Lerman and David J. Lynch of The Washington Post report that “Appeals court strikes down Trump’s tariffs as illegal but leaves them in place; Trump’s cornerstone economic policy faced yet another challenge as a federal appeals court ruled he did not have the authority to impose the levies.”

Louise Radnofsky, Jess Bravin, and Gavin Bade of The Wall Street Journal report that “Appeals Court Rejects Trump’s Global Tariffs; Decision delivers blow to central prong of president’s economic agenda; levies will remain in place pending further proceedings.”

Joey Garrison and Maureen Groppe of USA Today report that “Most Trump tariffs are illegal, appeals court rules, setting up Supreme Court showdown; The court allowed the tariffs to remain in place through Oct. 14 to give the Trump administration a chance to file an appeal to the Supreme Court.”

And Tom Howell Jr. of The Washington Times reports that “Appeals court strikes down Trump’s tariff power in major decision; Trump to appeal to Supreme Court.”

Posted at 8:31 PM by Howard Bashman



“Donna Adelson trial recap: ‘Jailhouse snitches’ testify; state rests its case.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 8:02 PM by Howard Bashman



“Emil Bove Continued to Work at Justice Dept. After Judicial Confirmation; The code of conduct for federal judges does not appear to apply to Mr. Bove, who has yet to be sworn in; But his continued presence at the department has raised eyebrows”: Devlin Barrett of The New York Times has this report.

Bove’s Federal Judicial Center biography states that he received his judicial commission on August 20, 2025 but has “not yet assumed office.” And he does not yet appear as a judge on the Third Circuit’s website.

Posted at 6:02 PM by Howard Bashman



“Conservative Wisconsin Supreme Court Justice Rebecca Bradley will not seek reelection”: Mary Spicuzza and Daniel Bice of The Milwaukee Journal Sentinel have this report.

Posted at 4:02 PM by Howard Bashman



“Donna Adelson trial live updates: Wiretap capturing plans to go to Vietnam plays in court.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 12:10 PM by Howard Bashman



Thursday, August 28, 2025

“With Louisiana Essentially Flipping Sides in Callais Case Before Supreme Court and Arguing Section 2 of the Voting Rights Act is Unconstitutional, Full Defense Shifts to Voting Rights Groups”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 7:58 PM by Howard Bashman



“What *are* the legal questions at issue in Trump’s purported removal of Lisa Cook from the Federal Reserve Board?” Marty Lederman has this post at the “Balkinization” blog.

Posted at 7:55 PM by Howard Bashman



“DC man seen throwing sandwich at agent charged with misdemeanor after grand jury declines indictment”: Alanna Durkin Richer of The Associated Press has this report.

Alan Feuer of The New York Times reports that “Prosecutors Reduce Felony Charge Against Man Who Threw Sandwich at Federal Agent; The U.S. attorney’s office in Washington has struggled to convince judges and grand jurors of the viability of several cases arising from President Trump’s deployment of troops and federal agents to fight crime.”

And Sarah N. Lynch and Andrew Goudsward of Reuters report that “US downgrades charge against man who threw sandwich at federal agent.”

Posted at 7:50 PM by Howard Bashman



“Judge says Penn didn’t discriminate against Amy Wax for being a ‘white Jewish woman’; District Judge Timothy J. Savage did not offer the law professor the opportunity to revise her discrimination claims, writing ‘there is nothing Wax can add’ to make them plausible”: Abraham Gutman of The Philadelphia Inquirer has this report.

Finn Ryan of The Daily Pennsylvanian reports that “Judge grants Penn’s motion to dismiss Amy Wax’s racial discrimination lawsuit against University.”

And Karen Sloan of Reuters reports that “Judge tosses law professor Amy Wax’s bias lawsuit over UPenn sanctions.”

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

Posted at 7:45 PM by Howard Bashman



“Yelp reviews and Adelson TV talk: Inside what prosecutors say is Dan Markel murder ‘code.’” Jeff Burlew and Elena Barrera of The Tallahassee Democrat have this report.

Posted at 7:24 PM by Howard Bashman



“Donna Adelson trial live updates: Jury to hear more on ‘bump,’ wiretaps in Markel murder.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 10:46 AM by Howard Bashman



Wednesday, August 27, 2025

“Grand Jury Declines to Indict Man Accused of Throwing Sandwich at Officer in D.C.; The decision is a setback for the Trump administration as it ramps up law enforcement in the city to target crime”: C. Ryan Barber and Louise Radnofsky of The Wall Street Journal have this report.

Posted at 8:45 PM by Howard Bashman



“Abrego Garcia Requests Asylum in the United States; The request is another possible path for the Salvadoran man, who has already been deported and returned by the Trump administration, to remain in the country”: Alan Feuer of The New York Times has this report.

Posted at 8:42 PM by Howard Bashman



“Justice Lindsey Miller-Lerman, first woman to serve on Nebraska Supreme Court, to retire”: Cindy Gonzalez of Nebraska Examiner has this report.

Posted at 7:35 PM by Howard Bashman



“Supreme Court declines to revive Hunter Biden, computer repairman’s dueling lawsuits”: Xerxes Wilson of The Delaware News Journal has this report.

Posted at 7:34 PM by Howard Bashman



“US Supreme Court Justice Ketanji Brown Jackson to Speak at A&T Sept. 3”: North Carolina Agricultural and Technical State University recently issued this news release.

Posted at 7:32 PM by Howard Bashman



“Louisiana asks Supreme Court to gut Voting Rights Act and ban use of race in redistricting; The case could strike a major blow to the landmark civil rights-era law”: Zach Montellaro of Politico has this report.

Posted at 7:30 PM by Howard Bashman



“The Ninth Circuit Appoints Berkeley Law Dean Erwin Chemerinsky to Defend a Police Officer’s Excessive Force Conviction . . . and also allows victim’s attorney Caree Harper and me to defend the conviction”: Paul Cassell has this post at “The Volokh Conspiracy.”

Posted at 7:24 PM by Howard Bashman



“California Supreme Court tosses second GOP effort to block redistricting”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 7:18 PM by Howard Bashman



“Donna Adelson trial recap: Jury hears ‘the bump,’ Adelsons talk in ‘code.’” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 7:11 PM by Howard Bashman



“Cleo E. Powell elected chief justice of Virginia Supreme Court”: Luca Powell of The Richmond Times-Dispatch has this report.

Posted at 7:08 PM by Howard Bashman



“Bonus 174: Playing the Justices for Fools; President Trump’s latest emergency application rests on a contrived procedural emergency and a forfeited substantive claim — apparently banking on the view that the Court doesn’t mind being played.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 5:04 PM by Howard Bashman



“Donna Adelson trial live: Detective tracing web of evidence in Dan Markel murder.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 10:40 AM by Howard Bashman



Tuesday, August 26, 2025

“Ayotte nominates Formella as NH attorney general; Brian Gould for the state Supreme Court”: William Skipworth of New Hampshire Bulletin has this report.

Posted at 10:16 PM by Howard Bashman



“‘Judicial hesitancy’: Why Trump is betting the courts will green-light his ouster of Lisa Cook; Judges may be reluctant to second-guess the president’s claim about what counts as good ’cause’ for the firing.” Josh Gerstein and Kyle Cheney of Politico have this report.

And in commentary, online at The New York Times, Jason Furman has a guest essay titled “What the Federal Reserve, Supreme Court and Senate Need to Do After Lisa Cook’s Firing.”

Posted at 10:14 PM by Howard Bashman



“Can Trump Fire a Fed Governor? What to Know About the Legal Arguments. The Supreme Court has indicated that there are distinctive reasons to shield the Federal Reserve from political interference.” Adam Liptak of The New York Times has this report.

John Fritze of CNN reports that “Trump’s firing of Fed’s Lisa Cook tests Supreme Court’s limits on presidential power.”

And in commentary, online at Bloomberg Opinion, law professor Stephen L. Carter has an essay titled “Trump Can Try to Fire Lisa Cook; He Won’t Win; The Supreme Court, which has deemed the Federal Reserve distinct from other federal agencies, is likely to uphold a challenge to her dismissal.”

Posted at 7:58 PM by Howard Bashman



“Armstead, West Virginia Supreme Court justice, dead at 60”: Steven Allen Adams of The Parkersburg News and Sentinel has this report.

Caity Coyne of West Virginia Watch reports that “WV Supreme Court Justice, former Speaker of the House Tim Armstead dead at 60; Armstead, who in 2015 became the first Republican speaker of the West Virginia House of Delegates in 83 years, was battling cancer for a year before his death on Tuesday.”

And Brad McElhinny of MetroNews reports that “Tim Armstead, justice and former House speaker, has died.”

Today, the Supreme Court of Appeals of West Virginia issued a news release titled “Supreme Court Mourns Loss of Justice Tim Armstead.”

Posted at 7:54 PM by Howard Bashman