How Appealing



Monday, October 27, 2025

“186. When Can States Prosecute Federal Officers? Stephen Miller claims that ICE officers have ‘immunity’ for anything they do while enforcing immigration law. Even as an argument about *state* criminal prosecutions, that claim is overstated at best.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 11:02 AM by Howard Bashman



“The Venezuela Boat Strikes and the Justice Department’s Golden Shield; How the Office of Legal Counsel Helps the White House in its Summary Killings”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 11:00 AM by Howard Bashman



“America’s Book Club with Justice Amy Coney Barrett; Supreme Court Associate Justice Amy Coney Barrett joins host David M. Rubenstein to discuss her new book, her early life and her view of the Constitution”: C-SPAN has posted this video online.

Posted at 10:54 AM by Howard Bashman



In the November 3, 2025 issue of The New Yorker: In the Talk of the Town section, Adam Gopnik has a Comment titled “Why Trump Tore Down the East Wing; The act of destruction is precisely the point: a kind of performance piece meant to display Trump’s arbitrary power over the Presidency, including its physical seat.”

And Jill Lepore has an article titled “Trump and the Presidency That Wouldn’t Shut Up; His posts and rants are omnipresent, ugly, and unhinged; Don’t look to history to make it make sense.”

Posted at 10:25 AM by Howard Bashman



“Don’t Tell Democrats How Their Judges Answered”: Michael A. Fragoso has this post at the “Bench Memos” blog of National Review.

Posted at 10:20 AM by Howard Bashman



Sunday, October 26, 2025

“Demolition Man: The Department of Justice looks an awful lot like the East Wing of the White House these days . . . metaphorically speaking.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:56 PM by Howard Bashman



“Nation’s biggest law firms back off from challenging Trump policies; Smaller law firms are being pressed to their limits as they try to pick up the legal slack”: Shayna Jacobs, Clara Ence Morse, and Mark Berman of The Washington Post have this report.

Posted at 8:55 PM by Howard Bashman



“Inside Donald Trump’s Attack on Immigration Courts; Judges describe a campaign of firings and interference which threatens the system’s independence”: E. Tammy Kim has this article online at The New Yorker.

Posted at 8:30 PM by Howard Bashman



“Supreme Court Justice Ketanji Brown Jackson visits CSUDH for lecture series”: Kristy Hutchings of The Daily Breeze of Hermosa Beach, California has this report.

Posted at 8:28 PM by Howard Bashman



“Trump’s rhetoric on tariffs ramps up pressure on Supreme Court; The president has frequently spoken about the potentially drastic consequences if the Supreme Court strikes down his sweeping tariffs, a view contested by his opponents”: Lawrence Hurley of NBC News has this report.

And in commentary, online at The Washington Post, columnist Jason Willick has an essay titled “This strategic blunder could swing the Supreme Court tariffs case; A conservative advocate would improve the challengers’ chances of overturning Trump’s policy.”

Posted at 8:24 PM by Howard Bashman



“What if the Big Law Firms Hadn’t Caved to Trump? It’s not inconceivable that, had the firms resisted the President’s executive orders, his momentum for lawlessness might have been curbed.” Fabio Bertoni has this essay online at The New Yorker.

Posted at 8:00 PM by Howard Bashman



“Judicial Notice (10.26.25): Free Speech And AI; A failed Trump nomination, a SCOTUS shortlister’s controversial theory, another Biglaw firm’s AI fail, and a new leader for the American Constitution Society.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 7:56 PM by Howard Bashman



Friday, October 24, 2025

“Lengthy Execution by Nitrogen Gas in Alabama Renews Concerns Over Method; Anthony Boyd was the eighth person executed by nitrogen gas since Alabama began using the method last year; His execution came over the strenuous objection of three liberal Supreme Court justices”: Nicholas Bogel-Burroughs of The New York Times has this report.

Posted at 11:33 PM by Howard Bashman



“The Peril of a White House That Flaunts Its Indifference to the Law; The White House has made no legal argument explaining its bald claim that the president has wartime power to summarily kill people suspected of smuggling drugs”: Charlie Savage of The New York Times has this news analysis.

Posted at 11:25 PM by Howard Bashman



“‘Make or break moment’: Supreme Court is set to rule on Trump using troops in U.S. cities.” David G. Savage of The Los Angeles Times has this report.

Posted at 9:32 PM by Howard Bashman



“Former Texas Solicitor General Kyle Hawkins appointed to Texas Supreme Court; Hawkins spent two years as Texas’ top appellate attorney, but resigned soon after not signing onto Attorney General Ken Paxton’s 2020 election challenge”: Eleanor Klibanoff of The Texas Tribune has this report.

Posted at 9:27 PM by Howard Bashman



“Departmentalism in the Age of Trump; My speech to the Toledo Bar Association”: Ben Flowers has this post at his Substack site, “Letters from a Syrup Farmer in Ohio.”

Posted at 9:02 PM by Howard Bashman



“Johnny Doc played a pivotal role electing his brother to the Pa. Supreme Court. Ten years later, things are different. Kevin Dougherty benefited from Local 98’s help during his 2015 campaign. This year, labor is still spending big on the justice’s retention.” Gillian McGoldrick and Katie Bernard of The Philadelphia Inquirer has this report.

Posted at 8:50 PM by Howard Bashman



“Why Trump Expects the Justice Department to Cut Him a Quarter-Billion-Dollar Check; What Trump’s loyalists in the government understand is that the law is a tool they can manipulate to give their boss what he wants”: Jay Willis has this essay online at Balls and Strikes.

Posted at 8:47 PM by Howard Bashman



“Trump’s MAGA makeover of the Third Circuit is complete; Two right-wing loyalists give the federal appeals court an 8-6 conservative majority”: Law professor John P. Collins Jr. has this essay online at The Philadelphia Inquirer.

Posted at 8:40 PM by Howard Bashman



“Thomas Hardiman Survives Democratic Takeover of Senate; Third Circuit nominee wins newbie senator’s support”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 8:37 PM by Howard Bashman



Thursday, October 23, 2025

“America’s Two-Tier Racial System Is Making a Comeback”: Online at Bloomberg Opinion, columnist Ronald Brownstein has an essay that begins, “Decision by decision, the Republican-appointed Supreme Court majority is hardening America’s division into a two-tier society.”

Posted at 1:05 PM by Howard Bashman



“Pa. election 2025: What to know about the Superior Court candidates; Brandon Neuman, Maria Battista and Daniel Wassmer are vying for an open seat, while Judge Alice DuBow is up for a retention vote.” Carmen Russell-Sluchansky of WHYY has this report.

Posted at 1:02 PM by Howard Bashman



“Who wins Pa.’s yes/no Supreme Court retention votes, and why”: Columnist John Baer has this essay online at The Patriot-News of Harrisburg, Pennsylvania.

Posted at 1:00 PM by Howard Bashman



“Judge Oldham Wants To Restore A Judiciary Without Horizontal Stare Decisis; Judges would find the law, rather than mechanically following every word that appears in a published opinion”: Josh Blackman has this post at “The Volokh Conspiracy.”

The Heritage Foundation has posted on YouTube a video titled “The 2025 Joseph Story Distinguished Lecture.”

Posted at 12:50 PM by Howard Bashman



Wednesday, October 22, 2025

“Trump Judges Keep Pulling Desperate, Sweaty Stunts In the Hopes That He Offers Them Promotions; Only Ryan Nelson has the courage to ask the hard questions, like, what if the law allows Donald Trump to do whatever he wants?” Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 9:44 PM by Howard Bashman



“All the President’s Enemies; Trump’s misguided indictments won’t help him, as the Founders foresaw”: Columnist Barton Swaim will have this op-ed in Thursday’s edition of The Wall Street Journal.

Posted at 9:27 PM by Howard Bashman



“It’s time to end presidential pardons; A tool meant to fix miscarriages of justice now routinely produces them”: Columnist Jeff Jacoby has this essay online at The Boston Globe.

Posted at 9:05 PM by Howard Bashman