“Trump Tariffs Ruled Illegal by Federal Judicial Panel; The U.S. Court of International Trade said the president had overstepped his authority under the federal emergency powers law he invoked”: Tony Romm and Ana Swanson of The New York Times have this report.
And James Fanelli and Gavin Bade of The Wall Street Journal report that “Trade Court Strikes Down Trump’s Global Tariffs; Businesses and states had sued the government, saying the president didn’t have the authority to impose the levies.”
You can access today’s unanimous, per curiam ruling of a three-judge panel of the U.S. Court of International Trade at this link.
Appeals from the U.S. Court of International Trade are heard by the U.S. Court of Appeals for the Federal Circuit — a federal appellate court to which President Trump appointed zero judges during his first term. The Federal Circuit has eight active judges appointed by Democratic presidents and three active judges appointed by Republican presidents (excluding Circuit Judge Pauline Newman, who remains suspended from service).
“Trump Says He’ll Nominate Bove to Federal Appeals Court; The president tapped his former defense lawyer to join the U.S. Court of Appeals for the Third Circuit, which covers Pennsylvania, New Jersey and Delaware”: Glenn Thrush and Charlie Savage of The New York Times have this report.
Nate Raymond and Luca Fratangelo of Reuters report that “Trump nominates Emil Bove to serve as federal appellate judge.”
Hannah Rabinowitz of CNN reports that “Trump nominates one of his former personal attorneys for prestigious federal appeals court seat.”
Breanne Deppisch, Ashley Oliver, and David Spunt of Fox News report that “Trump nominates former defense attorney Emil Bove for federal appeals court vacancy; Trump has nominated Emil Bove to serve on the U.S. Court of Appeals for the Third Circuit.”
Tiana Headley and Suzanne Monyak of Bloomberg Law report that “Trump to Tap His Former Lawyer Emil Bove for Third Circuit; Bove is top deputy to DOJ’s second-in-command Todd Blanch; Two vacancies, Delaware, NJ, on Third Circuit.”
And in commentary, online at The Federalist, yesterday Mike Davis had an essay titled “Emil Bove Is A Bold And Outstanding Choice For The Third Circuit.”
“President Trump Has to Obey the Constitution, But So Does Chief Justice Roberts”: Josh Blackman has this post at Civitas Outlook.
“Fumbling in the dark: The winding tale of A.A.R.P. v. Trump.” Adam Unikowsky has this post at his “Adam’s Legal Newsletter” Substack site.
“Vance is doing his best to help Trump tear down the Supreme Court; I highly doubt Vice President JD Vance would be making the same argument of an executive mandate in the case of former President Joe Biden’s student loan forgiveness scheme”: Columnist Dace Potas has this essay online at USA Today.
“In defense of nationwide injunctions: The Supreme Court has good reason to preserve this check on presidential power.” The Washington Post has published this editorial.
“Missouri abortion access in danger after state Supreme Court ruling”: Kacen Bayless of The Kansas City Star has this report.
And David A. Lieb, Hannah Fingerhut, and Geoff Mulvihill of The Associated Press report that “Abortions canceled again in Missouri after ruling from state Supreme Court.”
You can access yesterday’s order of the Supreme Court of Missouri at this link.
“Mexico’s Judicial Reform Is Now In the Hands of Confused Voters”: Maya Averbuch and Alex Vasquez of Bloomberg News have this report.
“New immigration case arrives to a Supreme Court that appears wary of Trump’s deportation policies”: Joan Biskupic of CNN has this news analysis.
“Former Pa. Supreme Court justice dies”: Charles Thompson of The Patriot-News of Harrisburg, Pennsylvania has a report that begins, “Former Pennsylvania Supreme Court Justice J. Michael Eakin died Tuesday at Penn State Milton S. Hershey Medical Center. He was 76 years old.”
“Trump Asks Supreme Court to Let Him Send Migrants to South Sudan; Government lawyers said a federal judge in Boston had overstepped his authority by requiring hearings before deportations to countries other than the migrants’ own”: Adam Liptak of The New York Times has this report.
Perry Stein and Ann E. Marimow of The Washington Post report that “Trump asks Supreme Court to intervene on South Sudan deportations; A district court judge had barred deporting citizens of other countries to South Sudan without giving them a chance to claim fears of being tortured or killed.”
Mariah Timms of The Wall Street Journal reports that “Trump Administration Asks Supreme Court to Allow Deportations to South Sudan; Justice Department has quickly escalated legal battle over strategy of deporting migrants to third-party countries.”
And Stephen Dinan of The Washington Times reports that “Trump asks Supreme Court for permission to speed deportations.”
You can access the federal government’s filing at this link.
“JD Vance, Deportation and the Rule of Law; He demands deference from the courts, but due process is part of the American way”: William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.
“Marshals’ Data Shows Spike in Threats Against Federal Judges; Data gathered by the law enforcement agency responsible for judicial security showed 162 judges faced threats between March 1 and April 14”: Mattathias Schwartz of The New York Times has this report.
And Benjamin S. Weiss of Courthouse News Service reports that “Lawmakers push to hike funding for judicial anti-doxxing program; Members of Congress on both sides of the aisle asked appropriators to allocate roughly $10 million more to programs funded under a 2022 bill aimed at keeping federal judges’ personal information off the internet.”
“Marijuana Shops Lose Bid to Unwind Federal Cannabis Policy; Cannabis businesses fight burdens of Controlled Substances Act; David Boies-backed suit tests Supreme Court precedent”: Allie Reed of Bloomberg Law has this report on a ruling that a unanimous three-judge panel of the U.S. Court of Appeals for the First Circuit issued today.
And Nate Raymond of Reuters reports that “US appeals court rejects challenge to federal marijuana ban.”
“An unexpected shift to the right: the conservative justices’ recent embrace of law review articles.” Brent Newton has this post at “SCOTUSblog.”
“Judicial Notice (05.26.25): Sturm Und Drang; Judge Ho’s reverse benchslap of SCOTUS, major Paul Weiss partner departures, a big-ticket ruling on the shadow docket, and a trio of notable hires by Simpson.” David Lat has this post at his “Original Jurisdiction” Substack site.
“Will This Judge’s Audition to be Trump’s Next SCOTUS Nominee Actually Work?” You can access today’s new episode of the “Strict Scrutiny” podcast on YouTube and via this link.
“The Two Tracks of Justice: Why everything feels so bad right now, even if your life isn’t materially changing.” You can access the new episode of Slate’s “Amicus” podcast via this link.
“FBI to probe Biden White House cocaine incident, leaked Supreme Court abortion opinion; Deputy FBI Director Dan Bongino announced the investigations on X into the ‘cases of potential public corruption’ that have large public interest”: Savannah Kuchar of USA Today has this report.
Zoë Richards of NBC News reports that “FBI deputy director says bureau will pour resources into cases including Supreme Court leak and cocaine at the White House; Dan Bongino, the deputy director, posted on social media about directing more resources into the Biden-era cases, as well as the unsolved case of pipe bombs found in Washington, D.C., on Jan. 6, 2021.”
And Raphael Satter of Reuters reports that “FBI announces new probes into Dobbs Supreme Court leak, White House cocaine incident.”
“Former chief justice says Supreme Court election in Kansas is a ‘really bad idea’”: Matthew Kelly of The Kansas City Star has this report.
“How Trump’s clash with the courts is brewing into an ‘all-out war’; Frustrated by judicial rulings during his second term, President Trump and allies have lashed out at the courts in a growing pressure campaign”: Zac Anderson of USA Today has this report.
“Why Is This Supreme Court Handing Trump More and More Power?” Law professor Kate Shaw has this guest essay online at The New York Times.
“Little-known provision in Trump tax bill could allow him to ignore court orders”: Bob Egelko of The San Francisco Chronicle has this report.
“153. Living by the Ipse Dixit: A constitutional principle like the ‘unitary executive theory’ isn’t worth all that much if the Supreme Court can conjure new, unprincipled exceptions to it by simply asserting that they exist.” Steve Vladeck has this post at his “One First” Substack site.
“J.D. Vance Warns Courts to Get in Line; The Vice-President says it’s time for Chief Justice John Roberts to step in and make judges behave; He’s wrong”: Ruth Marcus has this essay online at The New Yorker.
“Lightning-Fast Deportations Emerge as Top Issue in Trump’s Standoff With Courts; Administration says it is providing migrants due process; Judges disagree”: Jess Bravin of The Wall Street Journal has this report.
“Eisenhower warned us against embracing censorship”: George Liebmann has this essay online at The Baltimore Sun.
“A Brain-Dead Woman Is Being Kept on Machines to Gestate a Fetus. It Was Inevitable.” Law professor Kimberly Mutcherson has this guest essay online at The New York Times.
“The Conservative Constitutional Revolution Is Gaining Speed; The Supreme Court overruled a century of precedent by giving President Trump the authority to fire agency heads for virtually any reason”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
At Semafor, Eleanor Mueller has a post titled “Questions remain over US Supreme Court’s Fed seat carveout.”
Yesterday’s edition of The Wall Street Journal contained an editorial titled “A Supreme Court Showdown on Trump’s Agency Firings; The Justices signal that Humphrey’s Executor is dead, except perhaps for the Federal Reserve.”
And earlier, at the “Lawfare” blog, Todd Phillips had a post titled “Reversing Humphrey’s Executor and the Problem of the Federal Reserve; There is simply no principled way for the Supreme Court to retain the Fed’s removal protections while overturning Humphrey’s Executor.”
“Judges Shouldn’t Rely on AI for the Ordinary Meaning of Text; Large language models are inherently shaped by private interests, making them unreliable arbiters of language”: Justin Curl, Peter Henderson, Kart Kandula, and Faiz Surani have this post at the “Lawfare” blog.
“Favoring a President Over Precedent; Under this Supreme Court, executive excess seems A-OK”: Reynolds Holding has this post at his “Better Judgment” Substack site.
“Stepping Stone to the Supreme Court; The increased prevalence of justices who served on federal appellate courts”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“The Supreme Court Ruled in Favor of Trump. And That Is OK.” Law professor William Baude has this guest essay online at The New York Times.
“Appeals court allows Texas library to remove books that triggered sex, race concerns”: Stephen Dinan of The Washington Times has this report on an en banc ruling that the U.S. Court of Appeals for the Fifth Circuit issued today.
“Phila. Law Firm Evades Disqualification Over ‘Questionable’ Document Procurement; Toll Brothers sought Horn Williamson’s disqualification from the litigation after discovering that the firm had improperly obtained information about confidential settlements the defendants had entered in similar cases in the past”: Aleeza Furman of The Legal Intelligencer has this report on a unanimous, non-precedential decision that a three-judge panel of the Superior Court of Pennsylvania issued yesterday.
I briefed and argued this appeal on behalf of the Horn Williamson law firm.
Update: In other coverage, Ryan Boysen of Law360 reports that “Philly Firm Dodges DQ Despite ‘Troubling’ Discovery Conduct” (subscription required for full access).
