How Appealing



Friday, November 7, 2025

“Did Trump’s Supreme Court Tariffs Brief Include a Strategic Blunder? The justices are generally reluctant to take account of a president’s public statements; But extensive quotes from Mr. Trump in a key filing may change the legal calculus.” Adam Liptak of The New York Times has this news analysis.

Posted at 10:03 PM by Howard Bashman



“A Decade Later, Supreme Court Is Asked to Revisit Same-Sex Marriage Decision; Kim Davis, a Kentucky county clerk once jailed for refusing to issue same-sex marriage licenses, has asked the court to reconsider its landmark 2015 opinion”: Ann E. Marimow of The New York Times has this report.

Posted at 10:00 PM by Howard Bashman



“Trump’s Tariffs Are a Massive Money Grab. That’s Why They Are in Trouble. The president has exercised tax and spending powers that belong to Congress. The Supreme Court might be ready to say ‘enough.’” Columnist Greg Ip has this essay in today’s edition of The Wall Street Journal.

Posted at 9:40 PM by Howard Bashman



“The Ruling About Passports Isn’t About ID. It’s About Social Control.” Columnist M. Gessen has this essay online at The New York Times.

Posted at 3:44 PM by Howard Bashman



“How Far Can Donald Trump Take Emergency Power? In the Supreme Court’s tariffs case, the conservative Justices will weigh two conflicting impulses regarding Presidential authority.” Law professor Jeannie Suk Gersen has this essay online at The New Yorker.

Posted at 11:48 AM by Howard Bashman



“How 3 Pa. Supreme Court justices won retention — and why the process might never be the same; A new partisan tilt to the traditionally routine and sleepy judicial retention elections may create a ripple effects in the state’s highest court in the years to come, experts said”: Gillian McGoldrick and Chris A. Williams of The Philadelphia Inquirer have this report.

Posted at 11:44 AM by Howard Bashman



“The Supreme Court’s Latest Shadow Docket Ruling Reeks of Vicious, Casual Transphobia; Once again, the six-justice conservative supermajority rides gallantly to the rescue of their very favorite president”: Jay Willis has this post at his “Balls & Strikes” Substack site.

Posted at 9:00 AM by Howard Bashman



“Conservatives under siege? Supreme Court’s Barrett and Kavanaugh give advice to students. ‘Being a conservative woman, in a law school particularly, takes a lot of courage and independence and in many ways shows more feminism than just falling into some predetermined vision,’ Barrett said.” Maureen Groppe of USA Today has this report.

Josh Gerstein of Politico has a report headlined “Amy Coney Barrett and Brett Kavanaugh to conservative law students: Don’t give up; The Trump appointees’ remarks came at a Federalist Society event in Washington.”

And Zach Schonfeld of The Hill has a report headlined “Barrett, Kavanaugh to law students: Don’t lose civility.”

Posted at 8:57 AM by Howard Bashman



Thursday, November 6, 2025

“Supreme Court Clears Way for Trump Transgender Passport Policy; A lower court judge had temporarily blocked the administration’s policy requiring that passports reflect sex as found on an original birth certificate”: Abbie VanSickle of The New York Times has this report.

And in commentary, at his “One First” Substack site, Steve Vladeck has a post titled “189. The Breezy Inequity of Trump v. Orr; The Supreme Court’s latest grant of emergency relief to the Trump administration illustrates in technicolor the direct (and ugly) consequences of the two different ways it keeps messing up ‘equity.’

You can access today’s order of the U.S. Supreme Court, and the dissent therefrom, at this link.

Posted at 10:02 PM by Howard Bashman



“Trump’s Tariffs May Not Please the Court; The government’s claims in defense of the emergency border taxes don’t stand ‘major questions’ scrutiny”: The Wall Street Journal has published this editorial.

Posted at 9:50 PM by Howard Bashman



“Judge to Consider Moving Trump’s Hush-Money Conviction to Federal Court; A federal judge must now determine whether President Trump’s immunity for official acts means that his Manhattan criminal case belongs in federal court”: Jonah E. Bromwich of The New York Times has this report.

Bob Van Voris, Patricia Hurtado, and Erik Larson of Bloomberg News report that “Trump to Get New Review of Immunity Push in NY Criminal Case.”

And Erik Uebelacker of Courthouse News Service reports that “Second Circuit gives Trump another stab at bucking hush money conviction; An appeals panel ruled Thursday that a federal judge in Manhattan must take one more look at the president’s immunity arguments, which he claims should get his guilty verdict tossed.”

You can access today’s per curiam ruling of the U.S. Court of Appeals for the Second Circuit at this link.

Posted at 9:34 PM by Howard Bashman



“Texas ban on sexually explicit drag shows can be enforced, federal appeals court rules; The Fifth Circuit Court of Appeals’ ruling suggested not all drag shows are sexually explicit”: Alex Nguyen of The Texas Tribune has this report.

Josh Gerstein and Kyle Cheney of Politico report that “Appeals court lets Texas enforce law aimed at drag shows; Judges appeared divided over First Amendment protection for the performances.”

Cameron Thompson of Courthouse News Service reports that “Fifth Circuit upholds Texas drag show ban; The majority of the appeals panel said that the drag show organizers did not have standing to sue because their planned shows would not be considered ‘sexually oriented performance’ under the previously-blocked Senate Bill 12.”

And Ryan Autullo of Bloomberg Law reports that “Block on Texas Drag Show Law Overturned, Pending Analysis.”

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

Posted at 9:00 PM by Howard Bashman



“Federal judge grants DOJ request to dismiss criminal case against Boeing; The case was tied to two air disasters that killed 346 people overseas”: Sam Ogozalek of Politico has this report.

And at “The Volokh Conspiracy,” Paul Cassell has this post reacting to today’s development.

Posted at 8:35 PM by Howard Bashman



“The Situation: Where’s the Lie? The government’s response to James Comey’s vindictive prosecution raises one very big and important question.” Benjamin Wittes and Anna Bower have this post at the “Lawfare” blog.

Posted at 8:28 PM by Howard Bashman



“Bayer Weighs Roundup’s Demise Over Thousands of Cancer Lawsuits; The world’s most widely used weedkiller is confronting legal battles as well as a cat-and-mouse game with nature; But it’s not clear what can take its place”: Tim Loh, Hayley Warren, and Julia Janicki of Bloomberg News have this report.

Posted at 8:25 PM by Howard Bashman



“Trump Solicitor General Struggles With Trump Justices on Tariffs”: Justin Wise and Jordan Fischer of Bloomberg Law have this report.

Posted at 8:22 PM by Howard Bashman



“Judges Need to Know What Time It Is — Time to Go Senior”: Michael A. Fragoso has this post at the “Bench Memos” blog.

Posted at 3:18 PM by Howard Bashman



“Jury finds D.C. ‘sandwich guy’ not guilty of assaulting officer; Sean C. Dunn admitted he flung the hoagie at a federal agent; His attorneys called it a ‘harmless gesture’ of protest as Trump commandeered D.C. police”: Salvador Rizzo of The Washington Post has this report.

Posted at 3:00 PM by Howard Bashman



Wednesday, November 5, 2025

“Why Was John Mulaney at the Supreme Court? The comedian, it turns out, is working on a TV show about the nation’s top court — and was on hand to hear oral arguments about the pivotal Trump tariffs case.” Alex Weprin of The Hollywood Reporter has this report.

Posted at 9:47 PM by Howard Bashman



“GOP says there’s work to do after losing Pa. Supreme Court fight; In what’s usually a quiet contest, progressive groups poured more than $15M into contentious retention elections”: Benjamin Kail of The Pittsburgh Post-Gazette has this report.

And Peter Hall of Pennsylvania Capital-Star reports that “Pa. Supreme Court justices won retention race in counties where Trump won last year; State GOP Chairman Greg Rothman said the party was undeterred by Tuesday’s losses and would refine its strategy for next year.”

Posted at 9:45 PM by Howard Bashman



“How the Laken Riley Act is working against ICE to free some noncitizens; Judges around the country are citing the GOP-backed immigration law, designed to detain more noncitizens, to free them instead”: Erik Uebelacker of Courthouse News Service has this report.

Posted at 9:36 PM by Howard Bashman



“Trump’s Plan to Nuke the Global Economy Prompts Conservative Justices to Remember That the Constitution Exists; The Court has no problem facilitating the disappearance of civil rights; Shareholder value is a different story”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 9:20 PM by Howard Bashman



“Trump’s worldwide tariffs run into sharp skepticism at the Supreme Court”: David G. Savage of The Los Angeles Times has this report.

Jess Bravin and Gavin Bade of The Wall Street Journal report that “Trump’s Tough Day at Supreme Court Puts Tariffs in Jeopardy; Case raises questions about president’s alternatives — and what happens to money already collected.”

Alex Swoyer and Tom Howell Jr. of The Washington Times report that “Supreme Court struggles with legality of Trump’s tariffs, questions his authority to bypass Congress.”

Lawrence Hurley of NBC News reports that “Supreme Court appears skeptical of Trump’s tariffs argument; The Trump administration argued that the president had the authority to issue sweeping tariffs under a law reserved for use during times of emergency.”

John Fritze, Elisabeth Buchwald, and Devan Cole of CNN have a report headlined “Takeaways from Trump’s rocky Supreme Court arguments over global tariffs.”

Josh Gerstein of Politico has a report headlined “The conservative justices nerded out on legal theory, and other takeaways from the tariff arguments; Here are five takeaways from the Supreme Court’s oral arguments in Trump’s tariffs case.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court worried Trump’s one-man tariff war leaves Congress out in the cold; President Trump ramped up the stakes of the high court’s review of his tariffs, calling the case “literally, life or death for our country.’

Posted at 9:00 PM by Howard Bashman



“Neil Gorsuch speaks up for a fading Congress in the tariffs case; One Supreme Court justice was especially tough on Trump’s lawyers in Wednesday’s hearing”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 8:54 PM by Howard Bashman