How Appealing



Monday, August 18, 2025

“173. Justice Kavanaugh and the Equities: Thursday’s ruling in the NetChoice case appears to suggest that one of the key justices is either being inconsistent or completely hypocritical in how he is voting on emergency applications.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 11:11 AM by Howard Bashman



“Pam Bondi’s Power Play: Donald Trump now has the Attorney General he always wanted — an ally willing to harness the law to enable his agenda.” Ruth Marcus has this article in the August 25, 2025 issue of The New Yorker.

Posted at 11:08 AM by Howard Bashman



“On trial: Who is Donna Adelson, matriarch of family implicated in Dan Markel murder?” C.A. Bridges of The Tallahassee Democrat has this report.

Posted at 11:06 AM by Howard Bashman



Sunday, August 17, 2025

“Courtroom ‘mud fight’ ahead as Donna Adelson goes on trial in notorious Dan Markel murder”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 9:33 PM by Howard Bashman



“How the Supreme Court could wind up scrapping high-profile precedents in coming months”: John Fritze of CNN has this report.

Posted at 9:32 PM by Howard Bashman



Friday, August 15, 2025

“Appeals Court Paves Way for Mass Layoffs at C.F.P.B.; In a 2-to-1 ruling, a federal appeals court said a lower court could not block the Trump administration’s plans to reduce the Consumer Financial Protection Bureau’s staff by nearly 90 percent”: Karoun Demirjian of The New York Times has this report.

And Ryan Knappenberger of Courthouse News Service reports that “DC Circuit clears Trump to gut consumer watchdog agency; Two Donald Trump appointees found the Merit Systems Protection Board could hear the employees’ claims.”

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

Posted at 10:00 PM by Howard Bashman



“Is Trump jeopardizing an opportunity to remake the judiciary?” Russell Wheeler has this essay online at The Brookings Institution.

Posted at 9:45 PM by Howard Bashman



“Ex-public defender loses appeal in sexual harassment case against US judiciary”: Nate Raymond of Reuters has this report.

And Sydney Haulenbeek of Courthouse News Service has a report headlined “Panel backs Fourth Circuit process to probe employee harassment; Is the exclusion of judiciary employees from the Civil Rights Act, which prohibits employment discrimination, constitutional? A Fourth Circuit panel declined to decide.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit, in which all three judges were sitting by designation from other circuits, at this link.

Posted at 9:32 PM by Howard Bashman



“US Congress Covid Proxy Vote Was Valid, Appeals Court Finds”: Ryan Autullo and Isaiah Poritz of Bloomberg Law have a report (subscription required for full access) that begins, “Congress lawfully approved a $1.7 trillion spending package during the Covid-19 pandemic despite lacking a physical quorum, a federal appeals court ruled Friday.”

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

Posted at 9:20 PM by Howard Bashman



“Judge plans Wednesday ruling on Alina Habba’s authority as New Jersey’s top prosecutor; Lawyers argued in a Pennsylvania courtroom Friday”: Matt Friedman of Politico has this report.

Dana DiFilippo of New Jersey Monitor reports that “Trump official blames judges for causing ‘constitutional confrontation’ over US attorney post; Several criminal defendants have challenged Alina Habba’s authority to prosecute them.”

And Justin Wise of Bloomberg Law reports that “Judge Questions DOJ’s Process For Appointing Habba US Attorney.”

Posted at 7:48 PM by Howard Bashman



“Scott Bessent’s revealing admission about Trump’s tariffs; The White House’s tariff rationale is in legal trouble; Cue the treasury secretary to float a new argument”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 4:00 PM by Howard Bashman



“Nonsense and Sense About Supreme Court Interim Orders; Legitimate questions about interim orders are harmed by exaggeration and distortion”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 3:22 PM by Howard Bashman



“Trump’s DOJ Seems Awfully Nervous About the Tariff Lawsuits; A recent filing from the president’s lawyer presents the court with faulty economic calculations, dubious legal theories, and the distinct scent of desperation”: Matt Ford has this essay online at The New Republic.

Posted at 9:06 AM by Howard Bashman



“Boston Marathon bomber seeks full-panel rehearing in fight to remove judge”: Rita Chandler of The Boston Globe has this report.

Posted at 9:02 AM by Howard Bashman



Thursday, August 14, 2025

“Trump Appellate Court Pick Didn’t Seek Out Delaware Seat”: Tiana Headley of Bloomberg Law has a report that begins, “Jennifer Mascott’s consideration for a federal appeals court judgeship in a state where she has few ties began when she expressed interest in serving on any court the White House saw fit.”

Posted at 10:24 PM by Howard Bashman



“Pro Bono or Pro Nono? Law Firms Split on Fulfilling Deals With Trump; Some firm leaders have shrugged off deals as unenforceable, while at least one has taken on trade work for the administration with no fanfare.” Erin Mulvaney, C. Ryan Barber, and Jess Bravin of The Wall Street Journal have this report.

Posted at 9:25 PM by Howard Bashman



“Supreme Court clears way for Miss. law requiring parental consent to use social media; Mississippi passed the law in 2024 after a 16-year-old was victimized by a sextortion scheme and took his own life”: Justin Jouvenal of The Washington Post has this report on an order that the U.S. Supreme Court issued today.

Posted at 9:22 PM by Howard Bashman



“Ghislaine Maxwell’s Petition to the Supreme Court; The convicted sex offender is raising an important legal question — about whether an agreement by one federal prosecutor binds his colleagues across the country.” Law professor Jeannie Suk Gersen has this essay online at The New Yorker.

Posted at 9:15 PM by Howard Bashman



“Law Firms That Settled With Trump Are Asked to Help on Trade Deals; Boris Epshteyn, a personal lawyer for President Trump, connected two firms — Kirkland & Ellis and Skadden Arps — to the Commerce Department”: Michael S. Schmidt and Maggie Haberman of The New York Times have this report.

Posted at 1:48 PM by Howard Bashman



“Man who threw sandwich at law enforcement was DOJ employee, Bondi says; Police allege that the man approached law enforcement officers, including Metro Transit Police and U.S. Customs and Border Protection officers, and began yelling obscenities”: Joe Heim, Sophia Solano, and Perry Stein of The Washington Post have this report.

Posted at 1:44 PM by Howard Bashman



“Why the Supreme Court Shouldn’t Make Millions From Publishing Books; Maris Kreizman Wonders Who Will Be Left to Pass Judgment on Book-Related Cases”: Maris Kreizman has this essay online at Literary Hub.

Posted at 1:28 PM by Howard Bashman



“Newsom v. Trump: A Trial Diary; A play-by-play of the three day bench trial for California’s suit against the Trump administration’s military deployment to the state.” Anna Bower has this post at the “Lawfare” blog.

Posted at 1:26 PM by Howard Bashman



“During Vineyard Visit, Supreme Court Justice Delves into Her Roots”: Gwyn Skiles and Addison Antonoff of The Vineyard Gazette have this report.

Posted at 1:22 PM by Howard Bashman



Wednesday, August 13, 2025

“Trump Warns of Economic Disaster if Court Strikes Down Tariffs; The president has crowed about the billions of dollars collected so far from tariffs; That money could be at risk if the White House loses the legal battle”: Tony Romm of The New York Times has this report.

Posted at 9:45 PM by Howard Bashman



“Trump Administration Can Withhold Billions in Aid, Appeals Court Rules; In a 2-to-1 vote, a federal appeals court panel ruled that foreign aid groups that sued to recover funds that President Trump froze cannot challenge the decision”: Zach Montague of The New York Times has this report.

And Justin Jouvenal of The Washington Post reports that “Appeals court says Trump officials can withhold billions in foreign aid; The ruling is a significant — if possibly temporary — victory in Trump’s push for greater authority over spending mandated by Congress.”

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

Posted at 9:42 PM by Howard Bashman



“Judge is skeptical of DOJ lawsuit against entire Maryland federal bench; The Trump administration sued every U.S. District Court judge in the state, alleging that they have improperly hindered efforts to rapidly deport migrants”: Salvador Rizzo of The Washington Post has this report.

And Alan Feuer of The New York Times reports that “Judge Appears Skeptical of Lawsuit Against Federal Bench in Maryland; The spectacle of the White House suing an entire district court in the name of the United States of America underscored just how rancorous relations between the two branches had become.”

Posted at 9:36 PM by Howard Bashman



Tuesday, August 12, 2025

“Federal appeals court clears DOGE to access sensitive records at agencies; A panel of the U.S. Court of Appeals for the Fourth Circuit allowed Department of Government Efficiency access to data held by some federal agencies”: Mark Berman of The Washington Post has this report on a ruling that a divided three-judge panel of the U.S. Court of Appeals for the Fourth Circuit issued today.

Posted at 7:50 PM by Howard Bashman



“Woman sues abortion pill supplier, says ex tricked her into ending pregnancy; The case appears to be the first time a woman has filed a wrongful-death abortion suit in federal court”: Praveena Somasundaram of The Washington Post has this report.

Posted at 7:44 PM by Howard Bashman



“Court Ruling Casts Doubt on New York’s Cannabis Licensing Process; A federal appeals court said that it appeared to be unconstitutional for New York to prioritize some of its own residents for licenses to open cannabis businesses”: Ashley Southall of The New York Times has this report on a ruling that a partially divided three-judge panel of the U.S. Court of Appeals for the Second Circuit issued today.

Posted at 7:38 PM by Howard Bashman