“George W. Bush’s Dismal Failure on Fourth Circuit Nominations; How and why the conservative court shifted left”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
Posted at 4:44 PM by Howard Bashman|
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Friday, December 5, 2025
“George W. Bush’s Dismal Failure on Fourth Circuit Nominations; How and why the conservative court shifted left”: Ed Whelan has this post at his “Confirmation Tales” Substack site. Posted at 4:44 PM by Howard BashmanAccess Thomas C. Goldstein’s “Reply in Support of Defendant-Appellant’s Emergency Motion for Summary Reversal or in the Alternative for Expedited Briefing and Decision”: The pro se defendant-appellant filed this reply in the Fourth Circuit today. Posted at 4:16 PM by Howard Bashman“Supreme Court to Review Trump’s Birthright Citizenship Curbs”: Greg Stohr of Bloomberg News has this report. You can access this afternoon’s Order List of the U.S. Supreme Court at this link. Posted at 2:33 PM by Howard Bashman“Judges Who ‘Unretired’ After Trump Win Didn’t Breach Ethics Code”: Suzanne Monyak of Bloomberg Law has this report. You can access the rulings of the Judicial Council of the Second Circuit here, here, and here. Posted at 1:44 PM by Howard Bashman“Slowing Down the Internet Won’t Stop Music Piracy”: Law professor Stephen L. Carter has this essay online at Bloomberg Opinion. Posted at 1:39 PM by Howard Bashman“Top Lawyer Faces Rare Losses Defending Trump’s US Attorney Picks”: Celine Castronuovo of Bloomberg Law has this report. Posted at 1:36 PM by Howard BashmanThursday, December 4, 2025
“Grand Jury Said to Decline to Re-Indict Letitia James; After a judge dismissed the Trump administration’s first attempt to indict the attorney general of New York State, a new grand jury effort failed, according to people familiar with the matter”: Devlin Barrett and Jonah E. Bromwich of The New York Times have this report. Perry Stein and Gregory S. Schneider of The Washington Post report that “Grand jury refuses to reindict Letitia James in mortgage fraud case; The ruling in Virginia marks a defeat for the Justice Dept. and the Trump administration, which had sought a new indictment after a judge dismissed the case against the New York attorney general last week.” And C. Ryan Barber and Sadie Gurman of The Wall Street Journal report that “Grand Jury Declines to Indict Letitia James Again; Prosecutors sought to revive charges against Democratic New York attorney general after first indictment was dismissed.” Posted at 8:58 PM by Howard Bashman“Supreme Court Clears the Way for Republican-Friendly Texas Voting Maps; Texas officials had asked the court to allow the state to use the new maps in the midterm elections, part of a push by President Trump to gain a partisan advantage”: Abbie VanSickle of The New York Times has this report. Justin Jouvenal, Julian Mark, and Patrick Marley of The Washington Post report that “Supreme Court hands Trump victory in fight over Texas congressional map; The Supreme Court cleared the way for a voting map in Texas that could allow Republicans to win up to five additional seats in the House.” And Louise Radnofsky, James Romoser, and Elizabeth Findell of The Wall Street Journal report that “Supreme Court to Allow Texas to Use New Congressional Map in Win for Republicans; The order boosts the GOP’s chances of retaining House control.” You can access this evening’s order of the U.S. Supreme Court, and the opinions concurring therein and dissenting therefrom, at this link. Posted at 8:50 PM by Howard Bashman“Tom Goldstein fights to sell home as tax trial looms”: David Thomas and Mike Scarcella of Reuters have this report. Posted at 2:37 PM by Howard Bashman“The White House Lost a Rare Game of Rock, Paper, Scissors”: Law professor Barbara McQuade has this essay online at Bloomberg Opinion. Posted at 1:06 PM by Howard Bashman“New documentary follows ‘rising star’ as he takes his case to the Supreme Court”: Mark Walsh has this essay online at ABA Journal. Posted at 1:03 PM by Howard Bashman“Conservative Justices Confront Historical Dilemma in FTC Firing”: Robert Iafolla of Bloomberg Law has this report. Posted at 1:00 PM by Howard BashmanAccess the United States’ Opposition to Defendant’s Emergency Motion for Summary Reversal or Expedited Briefing and Decision filed yesterday evening in the U.S. Court of Appeals for the Fourth Circuit in United States v. Thomas C. Goldstein: At this link. Posted at 10:44 AM by Howard BashmanWednesday, December 3, 2025
“Michigan Supreme Court is asked to grant human rights to chimps”: Rick Pluta of Michigan Public Radio Network has this report. Posted at 9:32 PM by Howard Bashman“Wisconsin Supreme Court takes up bid to halt ICE detainers in county jails”: Molly Beck of The Milwaukee Journal Sentinel has this report. Posted at 9:30 PM by Howard Bashman“Running Away from History in Trump v. Slaughter“: Christine Kexel Chabot has this post at the “Notice & Comment” blog of the Yale Journal on Regulation. Posted at 9:25 PM by Howard Bashman“Supreme Court Seems Open to Letting Street Preacher’s Lawsuit Be Heard; Arrested after violating an ordinance on demonstrations outside an amphitheater in Brandon, Miss., Gabriel Olivier wants to block future enforcement of the law”: Ann E. Marimow of The New York Times has this report. Julian Mark of The Washington Post reports that “Supreme Court weighs Mississippi preacher’s argument on civil rights; Police in Brandon arrested Gabriel Olivier and charged him with breaking a recently passed city law that confined protests to a designated area near the theater.” And Kelsey Reichmann of Courthouse News Service reports that “Justices wrestle with precedent in street preacher dustup; A Mississippi ordinance limiting protests near a concert venue forced the high court to balance a sweeping 1994 opinion from the late Justice Antonin Scalia against a street preacher’s First Amendment rights.” During today’s oral argument, one of the advocates referred to Justice Kagan as “Justice Kennedy.” Posted at 8:42 PM by Howard Bashman“Interview with Chief Justice Ann A. Scott Timmer”: The October 2025 issue of Arizona Attorney magazine contained this interview conducted by Andrew G. Pappas and Eric M. Fraser. Posted at 2:32 PM by Howard Bashman“Serving On A State High Court: Justice David Wecht; Recently reelected to the Pennsylvania Supreme Court, Justice Wecht discusses judicial elections, state constitutions, and the importance of community involvement.” You can access today’s new episode of David Lat’s “Original Jurisiction” podcast via this link. Posted at 2:27 PM by Howard Bashman“A screaming street preacher gets hearing at Supreme Court; An evangelist arrested for not staying in a designated protest area says his religious rights were violated; The city says the group’s shouted insults and large signs were too disruptive”: Maureen Groppe of USA Today has this report. Posted at 1:34 PM by Howard Bashman“One-man play in Athens to celebrate life of Thurgood Marshall”: Wayne Ford of The Athens Banner-Herald has this report. Posted at 1:33 PM by Howard Bashman“Ahead of Tariff Ruling, Businesses Race to Secure Refunds; The Supreme Court has not yet ruled on the legality of President Trump’s sweeping tariffs, but some companies aren’t waiting to try to secure a speedy and substantial payout”: Tony Romm and Ana Swanson of The New York Times have this report. Posted at 1:06 PM by Howard Bashman“How the bar exam failed Kim Kardashian: The test is not about quality control for lawyers, it’s about quantity control.” Max Raskin has this essay online at The Washington Post. Posted at 1:02 PM by Howard Bashman“Liberal Group to Air Ads Attacking Democrats for Confirming Trump Judges; The three being targeted are Senators John Fetterman, Maggie Hassan and Angus King, an independent who caucuses with Democrats; None are up for re-election next year”: Shane Goldmacher of The New York Times has this report. Posted at 12:58 PM by Howard Bashman“Why SCOTUS must reinstate Trump US Attorneys Alina Habba and Lindsey Halligan; Federal judges invalidated appointments despite 120-day statutory authority”: Mike Davis has this essay online at Fox News. Posted at 12:48 PM by Howard BashmanTuesday, December 2, 2025
“‘Keep the ship afloat’: Nebraska Chief Justice Funke reflects on first year in top judicial role; Nebraska Supreme Court leader reflects on court budget, outreach, working with other branches, role of judges and more.” Zach Wendling of Nebraska Examiner has this report. Posted at 10:04 PM by Howard Bashman“Bayer welcomes Solicitor General support for U.S. Supreme Court review; Company continues to advance multi-pronged strategy to significantly contain the litigation by the end of 2026”: Bayer AG has issued this news release. Posted at 10:02 PM by Howard Bashman“Supreme Court Seems Skeptical of N.J. in Dispute Over Anti-Abortion Center Donor Records; A majority of the justices appeared supportive of arguments by a crisis pregnancy center that it should be able to challenge a subpoena from the state’s attorney general in federal court”: Abbie VanSickle of The New York Times has this report. Posted at 10:00 PM by Howard Bashman“Bloomberg Law Documentary, Supreme Advocacy, Follows Latham Appellate Team Inside a Landmark Supreme Court Case; Film offers an unprecedented look at Supreme Court litigation, spotlighting a unanimous victory advancing rights for students with disabilities”: Latham & Watkins LLP has issued this news release. Posted at 9:58 PM by Howard Bashman“‘I Knew It Was Him’: Officer Recalls Confronting Mangione at McDonald’s; A Pennsylvania patrolman said a superior had offered him a hoagie if he responded to a call at a local McDonald’s; The officer recognized the suspect and then played for time.” Hurubie Meko and Anusha Bayya of The New York Times have this report. And Erik Uebelacker of Courthouse News Service reports that “Bodycam footage shows Altoona cop ‘immediately’ peg Luigi Mangione as CEO shooting suspect; ‘I’m 100% sure it’s him,’ Altoona, Pennsylvania, Police Officer Joseph Detwiler was heard telling a colleague on the video.” Posted at 9:46 PM by Howard Bashman“Republican AGs urge DC Circuit to extend National Guard deployment in wake of shooting; The Republican attorneys general cited last week’s shooting of two National Guard troops just blocks away from the White House as proof that they should remain deployed in D.C. beyond next week”: Ryan Knappenberger of Courthouse News Service has this report. Posted at 9:25 PM by Howard Bashman“How a Verdict by a Jury of 11 People in Queens Made Legal History; New York’s highest court let a verdict by 11 jurors stand in a criminal case that involved an escort, machetes and a mysterious visitor; The ruling broke 342 years of precedent”: Chelsia Rose Marcius of The New York Times has this report. You can access last month’s ruling of the New York State Court of Appeals at this link. Posted at 9:10 PM by Howard Bashman“Judge Newman’s Colleagues Urge Full DC Circuit to Skip Her Case”: Michael Shapiro of Bloomberg Law has this report (subscription required for full access). You can view the redacted response at this link. Posted at 8:37 PM by Howard Bashman“New Hampshire ‘citizen flagpole’ creates free-speech controversy at First Circuit; The judges questioned whether a city that allows residents to express their views outside City Hall can pick and choose which ideas get expressed”: Thomas F. Harrison of Courthouse News Service has this report. You can access the audio of today’s First Circuit oral argument at this link. Posted at 8:33 PM by Howard Bashman“Costco Sues Trump Administration for Refund of Tariffs; The retail giant is seeking to recover money it has paid this year, should the Supreme Court rule that President Trump’s implementation of tariffs was unlawful”: Jenny Gross of The New York Times has this report. Posted at 1:14 PM by Howard Bashman |
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