How Appealing



Thursday, December 18, 2025
Wednesday, December 17, 2025

“Appeals court hands Trump a win over D.C. National Guard deployment; Judges wrote in a preliminary order that the National Guard can stay for now and that the Trump administration is likely to succeed in its appeal of a lower-court ruling”: Jenny Gathright of The Washington Post has this report.

Kyle Cheney and Josh Gerstein of Politico report that “Appeals court clears way for Trump to keep National Guard on DC streets; But the 3-judge panel cast doubt on Guard deployments in ‘non-consenting’ states.”

Zoe Tillman of Bloomberg News reports that “Trump’s DC Troop Deployment Allowed for Now by Appeals Court.”

And Ryan Knappenberger of Courthouse News Service reports that “DC Circuit rules Trump’s National Guard deployment can continue for now; The three-judge panel determined that the president has a ‘unique power’ over D.C. as a federal district created by Congress rather than a constitutionally sovereign entity like the 50 states.”

You can access today’s order of a unanimous three-judge panel of the U.S. Court of Appeals for the D.C. Circuit, and the opinions accompanying it, at this link.

Posted at 9:58 PM by Howard Bashman



“Indicted SCOTUSblog Publisher Tom Goldstein Wins Motion Suppressing Evidence; Criminal defense attorneys for indicted SCOTUSblog publisher Tom Goldstein filed a successful pretrial motion preventing federal prosecutors from alleging Goldstein employed sham employees at his now-defunct litigation boutique, Goldstein & Russell, to reduce his 2018 tax liability in violation of criminal tax evasion statutes”: Sulaiman Abdur-Rahman of The National Law Journal has this report.

You can access here and here last Friday’s orders of the U.S. District Court for the District of Maryland. And yesterday that court issued this opinion in support of those orders.

Posted at 9:52 PM by Howard Bashman



“Ghislaine Maxwell Asks a Judge to Throw Out Her Sex-Abuse Conviction; Ms. Maxwell, who conspired with Jeffrey Epstein in a sex-trafficking scheme, argued that she had been denied a fair trial”: Benjamin Weiser of The New York Times has this report.

And Josh Russell of Courthouse News Service has a report headlined “Representing herself, Ghislaine Maxwell pushes to overturn Epstein sex trafficking conviction; Maxwell’s request for an evidentiary hearing on new exculpatory evidence may hamper the scheduled release of tranches of grand jury documents from her and Epstein’s respective investigations, expected to be made public later this week.”

You can view the pro se filing at this link.

Posted at 9:44 PM by Howard Bashman



“Trump Told by Alan Dershowitz Constitutionality of Third Term Is Unclear; Trump’s former lawyer presented him with his forthcoming book that concludes the Constitution is ambiguous on the question”: Brian Schwartz of The Wall Street Journal has this report.

Posted at 8:16 PM by Howard Bashman



Tuesday, December 16, 2025

“Trump Stymied on Prosecutors as G.O.P. Refuses to Defy Democrats; An informal custom gives Senate Democrats leverage on federal prosecutors even as Republicans have sought to ease other confirmations; The president wants it eliminated”: Carl Hulse of The New York Times has this report.

Posted at 9:27 PM by Howard Bashman



“At Many Top Law Schools, Black Student Enrollment Continues to Drop; The New York Times examined data from 18 of the nation’s top law schools and found that first-year Black enrollment had increased at only four, including at Harvard”: Stephanie Saul of The New York Times has this report.

Posted at 8:57 PM by Howard Bashman



“‘Wild ride’: Georgia Cappleman discusses Dan Markel case at Tiger Bay.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 8:55 PM by Howard Bashman



“Federal court examines noncitizens’ Second Amendment rights; A Sixth Circuit panel said the fact that the Second Amendment encompasses all U.S. citizens does not mean it automatically excludes those who are not”: Rox Laird of Courthouse News Service has this report.

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

Posted at 8:20 PM by Howard Bashman



“Plain Meaning: If Trump were right about birthright citizenship, some lawmakers would have been bounced.” Reynolds Holding has this post at his “Better Judgment” Substack site.

Posted at 4:41 PM by Howard Bashman



Monday, December 15, 2025

“Supreme Court to review Mississippi case on alleged omission of Black jurors; The Supreme Court agreed to review the conviction of a death-row inmate who says prosecutors discriminated by excluding Black jurors during his 2006 trial”: Julian Mark of The Washington Post has this report.

Posted at 10:36 PM by Howard Bashman



“The Situation: Who is the ‘Responsible United States Attorney’ in Virginia? Such an official must exist, because the Justice Manual says her approval is required to keep indicting Letitia James.” Benjamin Wittes has this post at the “Lawfare” blog.

Posted at 9:07 PM by Howard Bashman



“If the Supreme Court Wants to Keep Article II Intact but Save Wiener, Here’s How”: Elias Neibart has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.

Posted at 8:55 PM by Howard Bashman



“The Federal Judge at the Trump Rally; Emil Bove violated a basic tenet of judicial ethics, presumably on purpose”: Ruth Marcus has this essay online at The New Yorker.

Posted at 8:44 PM by Howard Bashman



Sunday, December 14, 2025

“Judicial Notice (12.14.25): Not Dead Yet; Alina Habba’s bye-bye, Emil Bove’s boo-boo, Jack Smith’s second act, Becca Slaughter’s day of reckoning, and a 30-person hire by Cooley.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:58 PM by Howard Bashman



“Man sentenced for setting fire in Colorado Supreme Court building that caused extensive damage; Brandon Olsen pleaded guilty in July to one count of arson; He broke into the Ralph L. Carr Colorado Judicial Center on Jan. 2, 2024, and started a fire”: Jennifer Campbell-Hicks of 9News in Denver has this report.

Posted at 8:55 PM by Howard Bashman



“Leon Schools asks Supreme Court to reject parents’ appeal in gender case”: Jim Saunders of News Service of Florida has this report.

You can access the brief in opposition at this link.

Posted at 8:52 PM by Howard Bashman



“Arkansas Supreme Court dismisses chief justice’s appeal of HR report alleging harassment; Three special justices were appointed to replace three justices who recused themselves, including the chief justice”: Tess Vrbin of Arkansas Advocate has this report.

Posted at 8:32 PM by Howard Bashman



“This is why you’re wrong about the Supreme Court and Trump; The conservative majority of the Supreme Court is on a mission to put everything back into the right box; The goal is not to grow or shrink the power of any individual branch of government”: Columnist Dace Potas has this essay online at USA Today.

Posted at 8:28 PM by Howard Bashman



“Trump administration races to finalize tariff payments — and hamstring possible refunds; In response, companies are now filing lawsuits to make sure they get paid back if the Supreme Court invalidates some of the president’s duties”: Ari Hawkins and Doug Palmer of Politico have this report.

Posted at 8:22 PM by Howard Bashman



“One Amendment Explains It All: A decades-long conservative project to reject the reconstruction amendments is riding the coattails of Trump’s lawless chaos all the way to SCOTUS.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:20 PM by Howard Bashman



“In this Supreme Court case, a sledgehammer is better than a scalpel; On Trump’s ability to fire the heads of agencies, the Supreme Court should take the harder route”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 5:24 PM by Howard Bashman



Saturday, December 13, 2025

“Appeals Court Says Trump Must End Los Angeles Deployment by Monday; While the decision did not remove the National Guard troops from the president’s control, it blocked him from using them in the nation’s second-largest city”: Shawn Hubler of The New York Times has this report.

You can access yesterday’s order of the U.S. Court of Appeals for the Ninth Circuit at this link.

Posted at 8:50 PM by Howard Bashman



“The View from Here: There’s a clear line from Bush v. Gore, 25 years ago, to the January 6 insurrection.” Jeffrey Toobin has this essay online at Air Mail.

Posted at 1:48 PM by Howard Bashman



“D.C. Circuit’s Trump appointees again block Judge Boasberg’s contempt inquiry; DOJ keeps going to the D.C. Circuit, where Trump appointees on the court have repeatedly stopped the district court’s effort to hold the Trump admin accountable”: Chris Geidner has this post at his Substack site.

You can access yesterday’s order of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 1:44 PM by Howard Bashman



“First Circuit reverses block on Trump’s Planned Parenthood funding cuts; The appeals panel said that a provision of the ‘Big, Beautiful Bill’ that stripped Medicaid funding to Planned Parenthood didn’t violate the reproductive health care giant’s rights”: Christina van Waasbergen of Courthouse News Service has this report on a decision that the U.S. Court of Appeals for the First Circuit issued yesterday.

Posted at 1:40 PM by Howard Bashman