How Appealing



Thursday, August 21, 2025

“Gov. Cox didn’t want the power to pick Utah’s chief justice. Lawmakers might make him do it anyway. A new version of a bill Gov. Spencer Cox vetoed is slated to be considered in a special legislative session and would force him to pick a Utah Supreme Court chief justice.” Robert Gehrke of The Salt Lake Tribune has this report.

Posted at 1:37 PM by Howard Bashman



“The umpire who picked a side: John Roberts and the death of rule of law in America; The chief justice of the US has painted himself as a modern institutionalist over the past 20 years; Experts say he’s emboldening Trump’s drive toward authoritarianism.” Ed Pilkington of The Guardian has this report.

Posted at 1:33 PM by Howard Bashman



“California Supreme Court clears way for Newsom’s redistricting plan”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 1:26 PM by Howard Bashman



“Judge Halts Texas Law Mandating the Ten Commandments in School; The state law had said public schools would have to display the Ten Commandments in a ‘conspicuous’ location in every classroom in Texas by Sept. 1”: Pooja Salhotra of The New York Times has this report.

Anumita Kaur and Michelle Boorstein of The Washington Post report that “Judge blocks some Texas public schools from displaying Ten Commandments; The injunction affects 11 school districts named as defendants in a lawsuit.”

And Jaden Edison, Eleanor Klibanoff, and Alejandro Serrano of The Texas Tribune report that “Judge temporarily blocks Texas’ Ten Commandments requirement in 11 school districts; The attorneys challenging the new state law hope that other school districts won’t implement it after a federal judge found it unconstitutional.”

You can access yesterday’s ruling of the U.S. District Court for the Western District of Texas at this link.

Posted at 1:18 PM by Howard Bashman



“Divided Court Eliminates Trump’s Half-Billion-Dollar Fine in Fraud Case; New York appeals judges said that the judgment was excessive, but agreed to uphold the case so the appeal could continue”: Ben Protess and Jonah E. Bromwich of The New York Times have this report.

Shayna Jacobs of The Washington Post reports that “Appeals court voids $500 million fine in N.Y. case against Trump, upholds fraud finding; The ruling by a split, five-member panel of New York’s First Department Appellate Division was made public on Thursday.”

Corinne Ramey of The Wall Street Journal reports that “N.Y. Appeals Court Throws Out $500 Million Civil Fraud Penalty Against Trump; The sharply divided panel’s decision paves the way for further proceedings before the state’s highest court.”

And Alex Swoyer and Tom Howell Jr. of The Washington Times report that “New York appeals court tosses Trump’s ‘excessive’ fraud fine in blow to AG Letitia James.”

You can access today’s ruling of a five-judge panel of the Supreme Court of the State of New York, Appellate Division, First Judicial Department, at this link.

Posted at 1:04 PM by Howard Bashman



“Donna Adelson trial live: As jury selection winds down, opening statements may begin today.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 11:02 AM by Howard Bashman



Wednesday, August 20, 2025

“Justice Sotomayor vs. the Court Packers; She thinks there’s no way to apply term limits to the sitting Justices”: This editorial will appear in Thursday’s edition of The Wall Street Journal.

Posted at 9:24 PM by Howard Bashman



“‘I didn’t form any opinions’: Jury selection nears end stage in Donna Adelson murder trial.” Jeff Burlew of The Tallahassee Democrat has this report. According to the article, opening statements in the trial court begin as early as tomorrow afternoon.

Posted at 4:40 PM by Howard Bashman



“What Justice Scalia Taught Me: If students can’t defend dissent in law school, how will they defend justice in court?” The Free Press has posted online these remarks from Danielle Sassoon.

Posted at 3:52 PM by Howard Bashman



“A Tale of Two Jurists in the Trump Era: James Boasberg, Emil Bove, and the state of the rule of law.” Jonathan Blitzer has this essay online at The New Yorker.

Posted at 3:44 PM by Howard Bashman



Tuesday, August 19, 2025

“Can Donald Trump Police the United States? In a trial over the legality of the President’s deployment of the National Guard in Los Angeles, there may be a definitive answer to where his power ends.” Cristian Farias has this essay online at The New Yorker.

Posted at 9:35 PM by Howard Bashman



“Donna Adelson murder trial begins as judge, lawyers grill and cull jury pool”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 9:30 PM by Howard Bashman



“Abrego Garcia’s Lawyers Accuse Justice Dept. of Vindictive Prosecution; It was the second time that Mr. Abrego Garcia’s lawyers have sought to hold the Trump administration accountable over its handling of his expulsion to El Salvador and its aftermath”: Alan Feuer of The New York Times has this report.

Posted at 9:28 PM by Howard Bashman



“Rebecca Taibleson to the Seventh Circuit; Trump’s latest choice is a Scalia clerk who vouched for Kavanaugh”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:42 PM by Howard Bashman



“RIP DOE: How to make better decisions.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 4:35 PM by Howard Bashman



“Jury selection begins in Donna Adelson trial after Dan Markel murder”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 11:56 AM by Howard Bashman



Monday, August 18, 2025

“Court Split Leaves Trump’s Civil Fraud Appeal Stuck in Slow Lane; New York court typically moves fast but it has been nearly year since it heard president’s arguments”: Corinne Ramey of The Wall Street Journal has this report.

Posted at 8:48 PM by Howard Bashman



“Manhattan Judges Approve Trump’s Choice for U.S. Attorney; Jay Clayton, whose Senate confirmation was stalled, could serve for the rest of the Trump presidency; He faced criticism after a prosecutor in his office was fired by the administration”: Benjamin Weiser of The New York Times has this report.

And Shayna Jacobs of The Washington Post reports that “Trump pick Jay Clayton appointed as permanent Manhattan U.S. attorney; The former SEC chairman will stay on to oversee what is considered the nation’s most prestigious and influential federal prosecutor’s office.”

Posted at 8:34 PM by Howard Bashman



“The Supreme Court Could Supercharge the GOP’s Redistricting Power Grab”: Nia Prater has this interview of law professor Rick Hasen online at “The Intelligencer” blog of New York magazine.

Posted at 1:52 PM by Howard Bashman



“Justice Bradley has taken $52K in judicial junkets to resorts in Hawaii, Alaska and Florida”: Daniel Bice of The Milwaukee Journal Sentinel has this report.

Posted at 1:46 PM by Howard Bashman



“As jury selection looms, high-stakes showdown arises in Donna Adelson murder case”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:44 PM by Howard Bashman



“Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions.” Marty Lederman has this post at the “Just Security” blog.

Posted at 1:42 PM by Howard Bashman



“Britain’s first transgender judge takes UK to European court over Supreme Court ruling on biological sex; Lawyers acting on behalf of Dr McCloud have filed their appeal in the European Court of Human Rights”: Millie Cooke of The Independent (UK) has this report.

Posted at 1:32 PM by Howard Bashman



“Marco Rubio Once Filed a Brief Embracing Birthright Citizenship; Rubio, a son of immigrants and now secretary of state, was responding to a 2016 lawsuit questioning his eligibility for the presidency”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 1:27 PM by Howard Bashman



“When Trump Hits New Jersey, This Lawyer Hits Back; New Jersey’s attorney general shares the playbook for defending states against Trump”: You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:14 AM by Howard Bashman



“Judicial Notice (08.17.25): Maybe Happy Ending; Circuit judges trading benchslaps, the return of Kim Davis, a rescuer for a troubled firm, and a billion-dollar transaction involving . . . tighty whities?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:12 AM by Howard Bashman