How Appealing



Tuesday, October 21, 2025

“Racine man charged with stalking Wisconsin Chief Justice Jill Karofsky”: Molly Beck of The Milwaukee Journal Sentinel has this report.

Posted at 8:58 PM by Howard Bashman



“This School Has Taught Native Hawaiians Since 1887. Is That Discrimination? The admissions policy of Kamehameha Schools gives preference to Native Hawaiians. A new lawsuit calls it ‘blood-based discrimination.’” Amy Qin of The New York Times has this report.

Posted at 8:55 PM by Howard Bashman



“The Trump administration’s push to deport pro-Palestinian activist Mahmoud Khalil landed before a Philly-based appeals court; Mahmoud Khalil has been fighting to remain in the country since March, when he was arrested at Columbia University amid a Trump crackdown on college campus protests”: Chris Palmer of The Philadelphia Inquirer has this report.

Hannan Adely of The Bergen Record reports that “Appeals court to decide fate of pro-Palestinian activist, Columbia grad Mahmoud Khalil.”

Erica Orden of Politico reports that “Appeals court judges — including a Trump appointee — voice doubt over Trump’s bid to deport Mahmoud Khalil; The Trump administration is seeking to overturn a district judge who ordered Khalil released.”

Jake Offenhartz of The Associated Press reports that “Mahmoud Khalil appears in appeals court as Trump administration continues efforts to deport him.”

Ashley Oliver of Fox News reports that “DOJ argues judge’s decision blocking Mahmoud Khalil’s removal was ‘indefensible’; Department of Justice challenges New Jersey judge’s ruling that freed Mahmoud Khalil on bail.”

And Erik Uebelacker of Courthouse News Service reports that “Third Circuit hounds DOJ over bid to re-jail Mahmoud Khalil; The government argues the pro-Palestinian activist challenged his arrest in the wrong jurisdiction. But an appeals judge said Khalil ‘had to prepare for the worst.’

Update: The U.S. Court of Appeals for the Third Circuit has posted the audio of the oral argument at this link.

Posted at 8:50 PM by Howard Bashman



“Inside Luigi Mangione’s Missing Months; From beers at a Bangkok bar to a climb up Mount Omine in Japan, The Times traced the pivotal months before Mr. Mangione was charged with killing UnitedHealthcare’s C.E.O.” Hurubie Meko, Katie J.M. Baker, Nicholas Bogel-Burroughs, and Hisako Ueno of The New York Times have this report.

Posted at 8:32 PM by Howard Bashman



“The Constitutional Significance of the Santos Clemency; The threat to Congress’s checking function by a politicized justice system — and the need for reform”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 3:20 PM by Howard Bashman



“What Trump Means for John Roberts’s Legacy; Executive power is on the docket at the Supreme Court”: Lincoln Caplan has this article in the November-December 2025 issue of Harvard Magazine.

Posted at 3:18 PM by Howard Bashman



Monday, October 20, 2025

“Supreme Court Is Told Trump Tariffs Are Illegal $3 Trillion Tax”: Erik Larson of Bloomberg News has this report.

You can access here, here, and here the three Briefs for Respondents filed today.

Posted at 9:40 PM by Howard Bashman



“Appeals Court Weighs Whether Alina Habba Is a Lawful U.S. Attorney; President Trump installed his former personal lawyer as the top federal prosecutor in New Jersey; A legal challenge could clarify the limits of his power to keep U.S. attorneys in office without Senate involvement”: Jonah E. Bromwich and Tracey Tully of The New York Times have this report.

Joey Fox of New Jersey Globe reports that “Third Circuit judges probe ‘unusual’ circumstances of Habba’s appointment; Three-judge panel will decide whether to overturn lower-court decision negating Habba’s authority as U.S. Attorney.”

Ry Rivard and Erica Orden of Politico report that “Appeals court panel appears skeptical of Trump admin’s maneuvers to keep Alina Habba in place; The panel of judges seemed to question the administration’s moves during more than an hour of oral arguments.”

Kara Scannell of CNN reports that “DOJ lawyer grilled by appeals court on legitimacy of Alina Habba’s role as US attorney in New Jersey.”

Erik Uebelacker of Courthouse News Service reports that “DOJ defends Alina Habba’s unusual appointment before skeptical Third Circuit; Government attorneys tried to defend Habba’s appointment as the top federal prosecutor in New Jersey, which a lower court deemed unlawful in August.”

Mike Catalini of The Associated Press reports that “Appellate judges question moves to keep Alina Habba in place as top New Jersey prosecutor.”

And Celine Castronuovo of Bloomberg Law reports that “Trump Lawyer Habba’s Role as NJ Prosecutor Draws Court Doubt.”

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

Posted at 9:35 PM by Howard Bashman



“Ninth Circuit frowns at military’s reasons for banning transgender service members; The appellate panel indicated that the military’s focus on gender dysphoria as a medical reason to discharge transgender service members seemed ill suited to the seven plaintiffs who have served with distinction”: Edvard Pettersson of Courthouse News Service has this report.

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s oral argument on YouTube.

Posted at 9:20 PM by Howard Bashman



“Appeals Court Lifts Block on Trump’s Oregon Troop Deployment; Deployment can move forward, for now, under a preliminary ruling by the U.S. Court of Appeals for the Ninth Circuit; But legal wrangling will likely continue”: Anna Griffin and Mattathias Schwartz of The New York Times have this report.

And Jess Bravin of The Wall Street Journal reports that “Trump Administration Can Deploy National Guard in Portland, Court Says; Decision halts a temporary order that had stopped the dispatch of state Guard members to the Oregon city in response to protests.”

Posted at 9:00 PM by Howard Bashman



“Pennsylvania Has a Big Election Too; Gov. Josh Shapiro is campaigning for three Democratic supreme court justices”: Matthew J. Brouillette will have this op-ed in Tuesday’s edition of The Wall Street Journal.

Posted at 8:55 PM by Howard Bashman



“Tom Homan and the Case of the Missing Fifty Thousand; Lawmakers and ordinary citizens have to keep asking about the bag of cash, or accept an executive branch without any accountability”: Ruth Marcus has this essay online at The New Yorker.

Posted at 3:58 PM by Howard Bashman



“Appeals court, in 2 to 1 split, puts hold on restraining order barring Trump from deploying Oregon National Guard”: Maxine Bernstein of The Oregonian has this report.

And Mark Berman of The Washington Post reports that “Trump can send troops to Portland, appeals court says; A federal judge appointed by Trump had blocked his administration from sending federalized National Guard members to the city.”

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

Posted at 3:40 PM by Howard Bashman



“Donald Trump’s Deep-State Wrecking Ball; Russell Vought is using the White House budget office to lay waste to the federal bureaucracy — firing workers, decimating agencies, and testing the rule of law”: Andy Kroll has this Letter from Washington article in the October 27, 2025 issue of The New Yorker.

Posted at 1:24 PM by Howard Bashman



“Let’s take a closer look at the sentencing of Kavanaugh’s would-be killer; Eight years for attempting to assassinate a Supreme Court justice? That’s incomprehensible.” Jill Jacobson has this essay online at The Washington Post.

Posted at 1:02 PM by Howard Bashman



“Supreme Court Will Weigh Gun Restrictions for Drug Users; The Second Amendment case tests a federal law used to convict Hunter Biden that bars drug users and addicts from possessing guns”: Ann E. Marimow of The New York Times has this report.

Justin Jouvenal of The Washington Post reports that “Supreme Court to hear challenge to law barring drug users from guns; The law is the one that Hunter Biden, the son of former president Joe Biden, was convicted of violating in 2024; Joe Biden later pardoned his son.”

David G. Savage of The Los Angeles Times reports that “Supreme Court will decide if ‘habitual drug users’ lose their gun rights under 2nd Amendment.”

Lydia Wheeler of The Wall Street Journal reports that “Supreme Court to Weigh Gun Rights for Drug Users; Trump administration is defending a federal law restricting possession of firearms, which was also used to convict Hunter Biden.”

Maureen Groppe of USA Today has an article headlined “Can pot smokers and other drug users legally own guns? Supreme Court to decide; A lower court ruled that unless a gun wielder is high, past drug use alone is not disqualifying under the Second Amendment.”

And Stephen Dinan of The Washington Times reports that “Supreme Court to hear case involving whether drug users can be barred from owning guns.”

You can access today’s Order List of the U.S. Supreme Court at this link.

Posted at 12:52 PM by Howard Bashman



“184. The Massive Stakes of Trump v. Illinois; The Trump administration’s 29th emergency application — to let it deploy federalized National Guard troops in Chicago on a profoundly dubious factual predicate — is a make-or-break moment for the Court.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:00 AM by Howard Bashman



Sunday, October 19, 2025

“Meet the three Pa. Supreme Court justices up for retention on the November ballot; Three justices, Christine Donohue, Kevin Dougherty and David Wecht, will appear on Pa. voters’ ballots, where they will be asked ‘yes’ or ‘no’ on whether they should be retained for another term”: Gillian McGoldrick and Katie Bernard of The Philadelphia Inquirer have this report.

Posted at 9:48 PM by Howard Bashman



“Bonus 183: Martin v. Mott; The Trump administration claims Justice Story’s 1827 ruling establishes the President’s unreviewable power to decide when domestic use of the military is needed; It doesn’t come close to saying that.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:54 PM by Howard Bashman



“Judicial Notice (10.19.25): Going Rogue; John Bolton’s indictment, George Santos’s commutation, Kirkland’s giant new partner class, and the Third Circuit’s latest additions — Judges Emil Bove and Jenn Mascott.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:52 PM by Howard Bashman



Saturday, October 18, 2025

“There Are Lessons From the Nixon Era in Trump’s Attempts to Freeze Spending; Half a century ago, Congress protected its power of the purse, and conservatives balked at letting presidents disobey lawmakers’ instructions”: Adam Liptak of The New York Times has this news analysis.

Posted at 1:40 PM by Howard Bashman



“Voting Rights, But Mainly for White People: Didn’t you hear? SCOTUS says racism’s over.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 1:30 PM by Howard Bashman



Friday, October 17, 2025

“Philly’s federal appeals court is now controlled by Republican nominees as Trump’s latest judicial picks take the bench; New Trump-nominated judges Emil Bove and Jennifer Mascott made their first public appearances on the Third Circuit Court of Appeals this week”: Chris Palmer of The Philadelphia Inquirer has this report.

Posted at 7:25 PM by Howard Bashman



“The dangerous effort to enshrine an imperial presidency”: George Liebmann has this essay online at The Baltimore Sun.

Therein, Liebmann writes, “The unitary executive doctrine that calls for overruling the Humphrey’s Executor precedent is a massive falsification of history. The Humphrey’s case did not stand alone; it was one of a trilogy of cases, decided on the same day in May 1935, a day which should be celebrated by conservatives, when, despite claims of ’emergency,’ the Supreme Court unanimously set aside three sweeping assertions of power by the Roosevelt administration.”

Posted at 2:51 PM by Howard Bashman



“Judiciary Funding Runs Out; Only Limited Operations to Continue”: The Administrative Office of the U.S. Courts has issued a news release that begins, “The judicial branch announced that beginning on Monday, Oct. 20, it will no longer have funding to sustain full, paid operations. Until the ongoing lapse in government funding is resolved, federal courts will maintain limited operations necessary to perform the Judiciary’s constitutional functions.”

Posted at 1:48 PM by Howard Bashman



“‘Delusional’: Ruth Markel calls out Donna and Harvey Adelson for sentencing hearing rants.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:32 PM by Howard Bashman



Thursday, October 16, 2025

“Physicians link Kansas Supreme Court chief justice’s vehicle accident to likely stroke”: Tim Carpenter of Kansas Reflector has this report.

Posted at 8:22 PM by Howard Bashman