How Appealing



Monday, September 29, 2025

“Alaska Seized a $95,000 Plane Over Illicit Cargo: A Six-Pack of Beer; The plane’s owner, an 82-year-old veteran, has asked the Supreme Court to hear his case and set limits on forfeitures of property used to commit crimes.” Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 10:36 AM by Howard Bashman



Sunday, September 28, 2025

“The Former Insurance Lawyer Trump Picked to Take On Comey; Interim U.S. Attorney Lindsey Halligan worked around the clock to secure an indictment of former FBI director”: Meridith McGraw, C. Ryan Barber, and Lydia Wheeler of The Wall Street Journal have this report.

Jeremy Roebuck, Perry Stein, and Emily Davies of The Washington Post report that “Comey case raises question of who are Trump’s next political targets; Federal prosecutors across the country are facing increasing pressure to quickly produce results in other investigations targeting subjects of Trump’s scorn.”

Peter Baker of The New York Times has a news analysis headlined “In Going After His Foes, Trump Sets a Precedent That Could Haunt His Allies; President Trump’s retribution campaign risks ushering in a cycle of retaliation in which each new administration takes aim at the last one.”

And in commentary, online at The New York Times, columnist David French has an essay titled “Make No Mistake About Where We Are.”

Posted at 8:52 PM by Howard Bashman



“A ‘brazen’ Jeffrey Yass-backed mailer suggests the Pa. Supreme Court created the congressional map it actually threw out; ‘It’s probably the most shameless political ad I’ve ever seen,’ said Pennsylvania Supreme Court Justice David Wecht in a rare interview”: Katie Bernard of The Philadelphia Inquirer has this report.

Posted at 8:33 PM by Howard Bashman



“History’s Case for a Strong Presidency; The Constitution’s framers were informed by colonial practice, which defined ‘executive power’ broadly”: Illinois state court Judge Kenton J. Skarin will have this op-ed in Monday’s edition of The Wall Street Journal.

Posted at 8:26 PM by Howard Bashman



“Wisconsin officials ask for suspension of judge who tried to discredit 2020 election; The former justice doesn’t dispute that he mishandled records and lied under oath during his messy and unsuccessful campaign to decertify the 2020 election with conspiracy theories”: Destiny DeVooght of Courthouse News Service has this report.

Posted at 8:18 PM by Howard Bashman



“Judicial Notice (09.28.25): Qualifications Are Overrated; The indictment of James Comey, the passing of a celebrated D.C. lawyer, a powerful dissent by Justice Kagan, and a noteworthy in-house hire.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:14 PM by Howard Bashman



Saturday, September 27, 2025

“Inside the Trump Administration’s Push to Prosecute James Comey: President Trump’s campaign of retribution began to intensify in mid-July and hit a fever pitch over the last week, culminating in the indictment of one of his foremost enemies.” Glenn Thrush, Maggie Haberman, Alan Feuer, and Tyler Pager of The New York Times have this report.

And Charlie Savage of The New York Times has an article headlined “The Testimony at the Heart of the Comey Indictment, Examined; The charges against the former F.B.I. director center on an appearance he made before a Senate committee in September 2020; Here’s a closer look.”

Posted at 7:12 PM by Howard Bashman



“The Comey Indictment and its Aftermath; New strategies are needed to defend against the systematic politicization of federal law enforcement”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 4:38 PM by Howard Bashman



“‘Color-Blind’ Admissions Continue to Hurt Us: America looks very different two years after the end of affirmative action.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 3:50 PM by Howard Bashman



“Trump’s central role in Comey case may become key to defense strategy; The president overruled prosecutors who declined to bring charges in the case and has heavily criticized the former FBI director in public comments”: Salvador Rizzo and Jeremy Roebuck of The Washington Post have this report.

Sadie Gurman, Josh Dawsey,and Aruna Viswanatha of The Wall Street Journal report that “Trump Overcame Internal Dissent to Get His Case Against Comey; The Comey family has emerged as one of Trump’s biggest targets for retribution in his second term.”

Alan Feuer of The New York Times has a news analysis headlined “Trump’s Repeated Attacks May Undercut Case Against Comey; The president’s voluble vitriol could provide defense lawyers with an avenue to protect the very people he most wants to punish.”

And in commentary, online at The New York Times, columnist Carlos Lozada has an essay titled “Why Comey Should Not Have Been Indicted, According to Trump.”

Posted at 9:58 AM by Howard Bashman



“No Donna Adelson retrial: Judge rules jury’s murder verdict is lawful.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 9:24 AM by Howard Bashman



“Comey indictment is the beginning of holding corrupt officials accountable”: John Eastman has this essay online at The New York Post.

Posted at 8:00 AM by Howard Bashman



Friday, September 26, 2025

“Justice Clarence Thomas says legal precedents are not ‘the gospel’; The conservative justice wants to overturn cases wrongly decided in his view”: Devin Dwyer of ABC News has this report.

Posted at 10:03 PM by Howard Bashman



“Get Ready for Another Rightward Lurch in the New Supreme Court Term; If things stay true to form, President Trump will benefit from the Roberts court’s generous takes on executive power; The rest of us may not be so lucky”: Matt Ford has this essay online at The New Republic.

Posted at 10:00 PM by Howard Bashman



“Supreme Court Allows Trump to Slash Foreign Aid; The court’s conservative majority allowed the president to cut the funding in part because it said his flexibility to engage in foreign affairs outweighed ‘the potential harm’ faced by aid recipients”: Ann E. Marimow of The New York Times has this report.

Justin Jouvenal of The Washington Post reports that “Supreme Court allows Trump officials to freeze billions in foreign aid; The ruling is a victory for the president’s aggressive push to exert greater control over federal spending.”

Lydia Wheeler of The Wall Street Journal reports that “Supreme Court Allows Trump to Withhold $4 Billion in Foreign Aid; The administration had been trying to run out the clock on paying the funds, with authorization set to expire next week.”

And in commentary, online at Slate, Mark Joseph Stern has a Jurisprudence essay titled “The Supreme Court Just Rewrote the Constitution to Give Trump Terrifying New Powers; The conservative supermajority’s lawless shadow docket decision let the president unilaterally cancel $4 billion in foreign aid.”

You can access today’s order of the U.S. Supreme Court, and the dissent therefrom, at this link.

Posted at 9:44 PM by Howard Bashman



“With Comey prosecution, Trump fulfills promise of revenge; President Donald Trump’s predecessors sought to preserve the Justice Department’s independence in political prosecutions; Trump openly intervened in the Comey prosecution”: Patrick Marley of The Washington Post has this report.

Josh Gerstein and Kyle Cheney of Politico have an article headlined “Why the case against James Comey may end in humiliation for Trump’s DOJ; ‘This case should never go to trial,’ one former prosecutor said.”

Francesca Regalado of The New York Times reports that “Brief Comey Indictment Prompts Questions and Criticism; The two-page indictment of James B. Comey, the former F.B.I. director, offered little indication of the evidence that would be presented at a trial; Some legal experts called it flimsy and dangerous.”

Zach Montague of The New York Times reports that “Judge in Comey Case Has Presided Over Other Politically Fraught Proceedings; Judge Michael S. Nachmanoff, a Biden appointee, previously handled the 2019 arraignment of two associates of Rudolph W. Giuliani, among other high-profile cases.”

Annie Linskey and Meridith McGraw of The Wall Street Journal report that “Trump Pledges That Others Will Be Indicted After Comey; Critics say Justice Department is at an inflection point with the president calling shots.”

In commentary, online at The New York Times, Garrett M. Graff has a guest essay titled “Trump Can’t Be the One to Dictate Who Gets Indicted.”

Online at Bloomberg Opinion, law professor Barbara McQuade has an essay titled “Comey’s Indictment Subverts Justice and Trump’s Credibility; The Justice Department’s indictment of the former FBI director appears to follow the Putin playbook: discredit the system to protect yourself.”

And online at Vox, Ian Millhiser has an essay titled “Comey’s indictment is a warning to the Supreme Court justices; Dear John, Brett, and Amy: If Trump can come for James Comey, he can come for you.”

Posted at 9:35 PM by Howard Bashman



“Nationwide Injunctions Are a Bipartisan Problem; Trump v. CASA leaves open significant loopholes, enabling continued exploitation of injunctions by partisan actors”: Samuel Estreicher and Malcolm Girand have this post at the “Lawfare” blog.

Posted at 9:18 PM by Howard Bashman



“Trump administration asks the Supreme Court to rule on its plan to end birthright citizenship; The Justice Department wants the justices to issue a final decision on whether the contentious proposal seeking to reinterpret the Constitution’s 14th Amendment is lawful”: Lawrence Hurley of NBC News has this report.

Posted at 9:15 PM by Howard Bashman



“Trump Expands Tariffs Beyond Supreme Court’s Reach; The president’s tariffs on foreign drugs and furniture rely on national security laws outside the scope of current lawsuits”: Ana Swanson of The New York Times has this report.

Posted at 8:46 PM by Howard Bashman



“Are Military Lawyers Being Sidelined? The TdA boat strike, which JAGs likely would have advised against, raises alarm bells for the military’s legitimacy.” Dan Maurer has this post at the “Lawfare” blog.

Posted at 8:20 PM by Howard Bashman



“Where the Battle Over Free Speech Is Leading Us: Doxing, deplatforming, defunding, persecuting, firing, and sometimes killing — all are part of an escalating war over words; What happens next?” Louis Menand has this A Critic at Large essay online at The New Yorker.

Posted at 8:16 PM by Howard Bashman



“Donald Trump’s Mouth May Bring A Quick End To Charges Against Comey; The president’s statements and social media posts disparaging the former FBI director could persuade a judge that the case is a ‘vindictive’ prosecution”: S.V. Date of HuffPost has this report.

Posted at 8:14 PM by Howard Bashman



“The Flimsy, Dangerous Indictment of James Comey: The charges against the former F.B.I. director look weak; But they may be just the start of Donald Trump’s long-threatened drive to use the Justice Department to go after his enemies.” Ruth Marcus has this essay online at The New Yorker.

Posted at 8:10 PM by Howard Bashman



“The Situation: Brief Thoughts on the Indictment of James Comey; You can’t keep the facts out of a criminal case forever.” Benjamin Wittes has this post at the “Lawfare” blog.

Posted at 1:38 PM by Howard Bashman



“Justice Barrett reflects on public scrutiny, swing votes, and recusals at SCOTUSblog Summit”: Kelsey Dallas has this post at “SCOTUSblog.”

Posted at 1:36 PM by Howard Bashman



“A TikTok ‘Deal’? We may never know if the administration-brokered TikTok sale complies with the law, or at what cost it was secured.” Kate Klonick and Alan Z. Rozenshtein have this post at the “Lawfare” blog.

Posted at 1:34 PM by Howard Bashman



“Interim Precedent: What is the Effect of a SCOTUS Stay?” Richard M Re has this post at the “Divided Argument” Substack site.

Posted at 1:23 PM by Howard Bashman



“Barack Obama Imperils Fifth Circuit Nomination . . . and Dianne Feinstein rescues it”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 1:22 PM by Howard Bashman



“William Rehnquist Was the Original Trump Judge; Two decades after Rehnquist’s death, a new generation of conservative activists is scoring life-tenured federal judgeships by following in his unabashedly bigoted footsteps”: Jay Willis has this post at his “Balls & Strikes” Substack site.

Posted at 1:20 PM by Howard Bashman



“Clarence Thomas portrait installed in Yale Law School over the summer; Some students described the installation — delayed six years since the portrait was received — as politically motivated”: Henry Liu of The Yale Daily News recently had this report.

Posted at 1:15 PM by Howard Bashman



“Meet the judge who will oversee James Comey’s criminal case; U.S. District Judge Michael Nachmanoff, a 2021 appointee of President Joe Biden, was randomly assigned Thursday evening to the Comey case”: Kyle Cheney and Josh Gerstein of Politico have this report.

Posted at 1:14 PM by Howard Bashman



“Fed Independence Reaches Its Moment of Truth as Supreme Court Weighs Cook’s Fate; High court to decide whether Trump can remove board member, which former officials see as threat to central bank independence”: Nick Timiraos of The Wall Street Journal has this report.

Posted at 8:36 AM by Howard Bashman