How Appealing



Tuesday, May 13, 2025

“SCOTUS, Meet The Broligarchs: Kara Swisher with the briefing constitutional lawyers need to understand big tech’s federal government takeover.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:05 AM by Howard Bashman



“How much will Trump’s second-term judicial appointments shift court balance?” Russell Wheeler has this post online at the Brookings Institution.

Posted at 11:03 AM by Howard Bashman



Monday, May 12, 2025

“The Deadly Business of Health Insurance; Shareholders blame UnitedHealth for its CEO’s murder”: Reynolds Holding has this post at his “Better Judgment” Substack site.

Posted at 10:02 PM by Howard Bashman



“Trolling About Habeas Corpus; On the aims of disruption through provocation”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 9:50 PM by Howard Bashman



“Southwest lawyers don’t need ‘religious liberty training,’ US appeals court says”: Daniel Wiessner of Reuters recently had this report.

And Patrick Dorrian of Bloomberg Law recently reported that “Southwest Lawyer Training Nixed, Religious Bias Loss Upheld; Fifth Circuit partly affirms Christian worker’s jury win; Overturns order sending airline lawyers for religious training.”

You can access last Thursday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:30 PM by Howard Bashman



“Friend of Hillary Clinton Tries to Stop Kavanaugh Confirmation to D.C. Circuit; Hijinks at the American Bar Association”: Ed Whelan recently had this post at his “Confirmation Tales” Substack site.

Posted at 9:10 PM by Howard Bashman



“Judicial Notice (05.12.25): Checks And Balances; The passing of Justice Souter, the nixing of a controversial nomination, the departure of a $15 million partner, and a talent ‘exodus’ from a storied firm.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:06 PM by Howard Bashman



“A Warning From Justice Souter: Democracy Is in Peril; Justice David H. Souter, who died last week, said in 2012 that public ignorance of the Constitution could lead to the rise of an autocrat and the death of democracy.” Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 9:03 PM by Howard Bashman



“Fake pizza orders sent to judges seen as threat to judicial safety; Amid legal challenges to the Trump administration, judges in at least seven states say they have received anonymous pizza deliveries seen as threats”: Derek Hawkins of The Washington Post has this report.

Posted at 8:54 PM by Howard Bashman



Sunday, May 11, 2025

“David Souter Set an Example for the Supreme Court; A former clerk of the justice writes that his career stands as a model for the court to emulate to survive the dangers it is facing”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:58 AM by Howard Bashman



“Judges warn Trump’s mass deportations could lay groundwork to ensnare Americans; Judges across the country continue to note that if courts don’t protect the rights of the least popular and most vulnerable, everyone is at risk”: Kyle Cheney of Politico has this report.

Posted at 10:55 AM by Howard Bashman



“Birthright citizenship tests Supreme Court’s willingness to let courts block Trump; President Trump is counting on the Supreme Court to limit the ability of judges to put his policies on hold while they’re being challenged”: Maureen Groppe of USA Today has this report.

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court confronts Trump power grab; The Supreme Court’s review of Trump’s plan to end birthright citizenship for some immigrants could become a broader referendum on judicial authority.”

Posted at 10:38 AM by Howard Bashman



“Britain tries to make sense of landmark ruling on transgender people; The Supreme Court ruled that only biological women are women; Now British institutions are trying to figure out what that means”: William Booth of The Washington Post has this report.

Posted at 10:33 AM by Howard Bashman



“Friends reflect on Souter’s role in civic fabric of the state: ‘He loved New Hampshire deeply.’” Todd Bookman and Kate Dario of New Hampshire Public Radio have this report.

Posted at 10:28 AM by Howard Bashman



“Republicans are attempting to boot three Democratic justices from the Pa. Supreme Court — and for the first time, Dems are worried; Will Elon Musk get involved with Pennsylvania’s November election? These usually sleepy judicial races have Democrats worried.” Gillian McGoldrick of The Philadelphia Inquirer has this report.

Posted at 10:20 AM by Howard Bashman



Friday, May 9, 2025

“David Souter: A modest jurist from a bygone era; The Supreme Court justice shaped today’s court more than any other jurist.” Columnist David Von Drehle has this essay online at The Washington Post.

Posted at 8:55 PM by Howard Bashman



“The Case of District Judges vs. Trump: They’re the only officials besides the president who exercise constitutional authority unilaterally, particularly when they issue nationwide injunctions; James C. Ho of the Fifth Circuit says they often abuse that power.” James Taranto will have this new installment of The Weekend Interview in Saturday’s edition of The Wall Street Journal.

Posted at 8:40 PM by Howard Bashman



“Justice David Souter, Who Traded White Marble for the White Mountains; Retiring at just 69 after two decades on the Supreme Court, the justice left a legacy of case-by-case judging, intellectual rigor and a complete lack of pretension”: Adam Liptak of The New York Times has this Supreme Court Memo.

Posted at 8:37 PM by Howard Bashman



“Statements from the Supreme Court Regarding the Death of Retired Associate Justice David Souter”: Available online at this link.

Posted at 8:10 PM by Howard Bashman



“Bonus 147: Shell Games and Nationwide Injunctions; The Trump administration’s geographic gamesmanship with immigration detainees crystallizes the need for the Supreme Court to preserve (at least some) nationwide injunctions.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 4:51 PM by Howard Bashman



“Pa. Appeals Court Upholds $177.3M Roundup Judgment; The three-judge panel soundly rejected a litany of challenges Monsanto lodged against the verdict in Caranci v. Monsanto, including a defense the company has pushed aggressively throughout the broader Roundup litigation”: Aleeza Furman of The Legal Intelligencer has this report on a ruling that a unanimous three-judge panel of the Superior Court of Pennsylvania issued yesterday.

Posted at 4:10 PM by Howard Bashman



“Souter’s Leftward Turn Changed Future Supreme Court Nominations; Bush nominated Souter, known as ‘stealth nominee,’ in 1990; Souter quickly disappointed conservatives with vote to uphold Roe v. Wade”: Tiana Headley and Kimberly Strawbridge Robinson of Bloomberg Law have this report.

Posted at 1:36 PM by Howard Bashman



“Justice Sotomayor Says Lawyers Must ‘Stand Up’ and ‘Fight This Fight’; In pointed remarks, the justice told an audience of hundreds of lawyers that she had joined them as ‘an act of solidarity’”: Adam Liptak of The New York Times has this report.

Lawrence Hurley of NBC News reports that “Justice Sonia Sotomayor urges lawyers to ‘stand up’ amid Trump tumult; The liberal justice spoke at an event hosted by the American Bar Association, a legal group that has been targeted by the Trump administration.”

And Kimberly Strawbridge Robinson of Bloomberg Law reports that “Justice Sotomayor Stands in ‘Solidarity’ with Embattled ABA; Can’t stand to lose the battles we face, Sotomayor said; Group has come under attack by Trump administration.”

Posted at 1:26 PM by Howard Bashman