How Appealing



Monday, May 19, 2025

“The Supreme Court Gives Three Cheers to the Rule of Law”: Richard Bernstein has this post online at the Society for the Rule of Law.

Posted at 10:18 PM by Howard Bashman



“Will Trump Nominate DOJ Henchman Emil Bove to Appellate Seat?” Ed Whelan has this post at National Review’s “Bench Memos” blog.

Posted at 10:15 PM by Howard Bashman



“Trump admin must seek return of wrongly deported man to El Salvador, appeals court rules; It’s the second time the Virginia-based court declined to intervene after lower courts ordered the administration to facilitate the return of improperly deported immigrants”: Josh Gerstein and Kyle Cheney of Politico have this report.

And David Voreacos of Bloomberg News reports that “US Court Orders Return of Another Deportee From El Salvador.”

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

Posted at 10:02 PM by Howard Bashman



“Why the Supreme Court quashed Trump’s due-process-free deportations; After a late-night intervention, the court shut down the administration’s legal bait-and-switch”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 9:56 PM by Howard Bashman



“Supreme Court recusals in book publisher case affect quorum; The recusals left the court in the rare position of not having six judges available to make a decision on considering the lawsuit against Ta-Nehisi Coates”: Justin Jouvenal of The Washington Post has this report.

Posted at 8:33 PM by Howard Bashman



“Supreme Court Lets Trump Lift Deportation Protections for Venezuelans; A federal judge had blocked the administration’s plan to remove the temporary protected status of more than 300,000 immigrants”: Abbie VanSickle and Adam Liptak of The New York Times have this report on an order that the U.S. Supreme Court issued today.

Posted at 1:36 PM by Howard Bashman



“Milbank Lawyer Wins Supreme Court Case After Switching Firms; Standard for evaluating use of deadly force questioned; Government’s continued support unclear after inauguration”: Lydia Wheeler of Bloomberg Law has this report.

Posted at 12:53 PM by Howard Bashman



“Bove, Top Justice Dept. Official, Is Considered for Circuit Court Nomination; Emil Bove III has emerged as a top contender to fill a vacancy on the appeals court covering Pennsylvania, New Jersey and Delaware, people familiar with the matter said”: Glenn Thrush and Charlie Savage of The New York Times have this report.

Posted at 12:44 PM by Howard Bashman



“152. Non-Party Relief and Judicial Supremacy: Thursday’s birthright citizenship oral argument hits at least somewhat different after and in light of Friday’s Alien Enemies Act ruling — in which the Court . . . provided relief to non-parties.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:32 AM by Howard Bashman



“Judicial Notice (05.18.25): The Other ‘Ninth Circus’; A Biglaw AI ‘debacle,’ young(ish) stars of the SCOTUS bar, a Florida judge behaving badly, and Wachtell Lipton’s latest billion-dollar deals.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:30 AM by Howard Bashman



“The Stakes of the Birthright-Citizenship Case: The Trump Administration is trying to use the case to stop lower-court judges from issuing ‘nationwide injunctions’ against its unconstitutional executive orders.” Ruth Marcus has this Comment in the Talk of the Town section of the May 26, 2025 issue of The New Yorker.

Posted at 8:24 AM by Howard Bashman



Sunday, May 18, 2025

“The Website Where Lawyers Mock ‘Yellow-Bellied’ Firms Bowing to Trump; Above the Law, a legal industry website with a long history of skewering the nation’s most elite firms, has found a moment and plenty of inside tipsters”: Elizabeth Williamson of The New York Times has this report.

Posted at 10:04 PM by Howard Bashman



Saturday, May 17, 2025

“Federal Courts’ Emerging Bottom Line: Due Process Rights for Immigrants; The Trump administration’s aggressive push to deport migrants has run up against resistance from the judiciary.” Alan Feuer and Abbie VanSickle of The New York Times have this news analysis.

Posted at 10:48 PM by Howard Bashman



Friday, May 16, 2025

“Boeing May Avoid Guilty Plea Over Deadly Max Crashes, Lawyers Say; A decision by the Justice Department not to pursue a guilty plea from Boeing would be the latest about-face in a long effort to hold the plane maker accountable for the crashes of two 737 Max jets”: Niraj Chokshi of The New York Times has this report.

Posted at 9:35 PM by Howard Bashman



“151. The Supreme Court’s (Alien Enemies Act) Patience is Wearing Thin; A very quick breakdown of Friday afternoon’s quietly significant ruling slapping down the lower courts in the Northern District of Texas Alien Enemies Act litigation — and what it means going forward.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:58 PM by Howard Bashman



“Supreme Court maintains block on some Trump deportations of migrants; The justices did not address the broader question about whether Trump officials can legally invoke the Alien Enemies Act to target alleged gang members”: Ann E. Marimow of The Washington Post has this report.

David G. Savage of The Los Angeles Times reports that “Supreme Court rebukes Texas judges, backs hearing before deportation for detained Venezuelans.”

Jess Bravin and C. Ryan Barber of The Wall Street Journal report that “Supreme Court Issues New Halt on Trump Deportations Under Wartime Law; Justices say administration can’t use Alien Enemies Act to expel migrants while litigation continues.”

Maureen Groppe of USA Today reports that “Supreme Court deals blow to Trump, says in emergency order he can’t deport Venezuelan migrants; President Trump’s aggressive approach to immigration has put the administration on a collision course with the courts.”

Stephen Dinan of The Washington Times reports that “Supreme Court blocks Trump’s Alien Enemies deportations, demands more due process.”

Josh Gerstein and Kyle Cheney of Politico report that “Supreme Court extends block on Trump’s deportation bid under Alien Enemies Act; The justices faulted the administration for its attempt last month to carry out swift deportations just one day after providing a bare-bones deportation notice to the detainees.”

Lawrence Hurley of NBC News reports that “Supreme Court rules administration must give Venezuelans more time to challenge deportation under Alien Enemies Act; Venezuelan men held in Texas had urged the court to prevent the government from sending them to a prison in El Salvador before they could challenge the move in court.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court finds Trump violated migrant due process rights with speedy deportations; President Donald Trump’s push to quickly deport migrants to foreign prisons without due process left him in a standoff with the high court.”

Posted at 8:55 PM by Howard Bashman



“Trump administration faces court pressure to return deported migrants; A federal judge in D.C. gave the administration a week to identify efforts to return Kilmar Abrego García and 137 Venezuelans from El Salvador, while a Maryland federal judge in the case expressed increasing frustration with the Justice Dept.” Steve Thompson and Spencer S. Hsu of The Washington Post have this report.

Alan Feuer and Aishvarya Kavi of The New York Times report that “U.S. Takes Defiant Stance in Court, Saying Abrego Garcia Deportation Was Lawful; A Justice Department lawyer mirrored Trump officials’ aggressive position in the case of Kilmar Armando Abrego Garcia, a Maryland man who was wrongfully deported to a prison in El Salvador in March.”

Kyle Cheney and Josh Gerstein of Politico report that “Judge scolds Trump officials for continued recalcitrance in Abrego Garcia case; ‘You haven’t complied,’ Judge Paula Xinis told Justice Department lawyers.”

Gary Grumbach and Daniella Silva of NBC News report that “Trump attorneys draw judge’s ire by saying ‘state secrets’ keep them from sharing details on Abrego Garcia’s return; U.S. District Judge Paula Xinis said the government’s refusal to provide certain information in the case has been ‘an exercise in utter frustration.’

And Blake Brittain of Reuters reports that “Judge says Trump administration not detailing efforts to return wrongly deported man.”

Posted at 8:41 PM by Howard Bashman



“The Supreme Court grapples with post-congressional politics; The justices weigh the use of nationwide injunctions in an era of swelling presidential power”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 8:18 PM by Howard Bashman



“The Justices Did Not Want to Talk About the Children They Would Render Stateless; Only occasionally did the justices acknowledge that their answer to a ‘narrow’ legal question could strip millions of people of their U.S. citizenship”: Jay Willis has this essay online at Balls and Strikes.

Also online there, Madiba K. Dennie has an essay titled “Trump Asks Supreme Court to Make It 1857 Again; Trump v. CASA’s backdoor attempt to execute an illegal order reflects a profound disregard for the foundation of multiracial democracy.”

Posted at 4:40 PM by Howard Bashman



“The Solicitor General Embraces Judicial Supremacy; He had to for his argument against universal injunctions to work”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 4:34 PM by Howard Bashman



“Supreme Court Retains Temporary Block on Using Wartime Law to Deport Venezuelans; The justices sent the case back to a lower court to consider whether the Alien Enemies Act can be used to deport immigrants accused of being members of the Venezuelan gang”: Abbie VanSickle of The New York Times has this report.

You can access today’s 7-to-2 per curiam decision of the U.S. Supreme Court at this link.

Posted at 4:32 PM by Howard Bashman



“I Have Found Yet Another Thing to Disagree With John Roberts About; There is no meaningful criticism of the Supreme Court that he’d consider legitimate”: Jay Willis has this post at his “Balls & Strikes” Substack site.

Posted at 4:23 PM by Howard Bashman



“Conservative justices object to how lower courts are blocking Trump, but birthright citizenship case presents deeper issues”: Joan Biskupic of CNN has this news analysis.

Posted at 1:17 PM by Howard Bashman



Thursday, May 15, 2025

“Justice Allison Riggs sworn in after six-month election battle with GOP challenger”: Luciana Perez Uribe Guinassi and Kyle Ingram of The News & Observer of Raleigh, North Carolina have this report.

Posted at 8:58 PM by Howard Bashman



“The Abrego Garcia Boomerang at the Supreme Court; The Justices express some frustration over Justice Department candor as they hear the birthright citizenship case”: This editorial will appear in Friday’s edition of The Wall Street Journal.

Posted at 8:42 PM by Howard Bashman



“Supreme Court Wrestles With Limiting Judges’ Power in Birthright Citizenship Case; The justices heard arguments on whether a federal judge in a single district can block Trump administration policy across the country”: Abbie VanSickle of The New York Times has this report.

David G. Savage of The Los Angeles Times reports that “Justices skeptical of Trump plan to limit birthright citizenship and judges who blocked it.”

And Jess Bravin and Mariah Timms of The Wall Street Journal reports that “Supreme Court Puzzles Over Trump’s Decree to Limit Birthright Citizenship; Justices question whether nationwide injunctions against the White House are appropriate, even if its policy is unconstitutional.”

Posted at 8:39 PM by Howard Bashman



“Ed Martin publicizes ethics probe he says was wrongly disclosed; The former D.C. U.S. attorney nominee revealed he faces a legal disciplinary review in an all-office goodbye email, while claiming his confidentiality was violated”: Spencer S. Hsu of The Washington Post has this report.

And Ryan J. Reilly of NBC News reports that “Trump’s ‘weaponization’ chief accuses D.C. disciplinary counsel investigating him of weaponization; Ed Martin, the outgoing interim U.S. attorney for the District of Columbia, revealed he was under investigation by D.C.’s Office of Disciplinary Counsel.”

Posted at 8:34 PM by Howard Bashman



“Supreme Court Rejects ‘Moment of Threat’ Limit in Excessive Force Suits; Lower courts had been divided over whether judges must limit their scrutiny of challenges to police shootings to the seconds preceding them”: Adam Liptak of The New York Times has this report.

Justin Jouvenal of The Washington Post reports that “Supreme Court rules totality of circumstances must be considered in police shootings; The Supreme Court ruled that the totality of circumstances must be considered when determining whether a police shooting is justified, not just the seconds before an officer opens fire.”

And Maureen Groppe of USA Today reports that “Supreme Court revives suit against cop who fatally shot driver stopped for unpaid tolls.”

Posted at 8:30 PM by Howard Bashman



“Supreme Court appears skeptical of allowing Trump to implement birthright citizenship plan; The court is considering whether to allow the proposal to go into effect at least in some parts of the country while litigation continues in lower courts”: Lawrence Hurley of NBC News has this report.

Posted at 4:24 PM by Howard Bashman



“Supreme Court Understands the Assignment on Birthright Citizenship; The justices appear to recognize that judges need tools to stop President Trump’s unlawful executive orders”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 4:18 PM by Howard Bashman