How Appealing



Monday, May 26, 2025

“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.

Posted at 1:42 PM by Howard Bashman



“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.

Posted at 1:40 PM by Howard Bashman



“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.”

Posted at 1:36 PM by Howard Bashman



“Former chief justice says Supreme Court election in Kansas is a ‘really bad idea’”: Matthew Kelly of The Kansas City Star has this report.

Posted at 1:33 PM by Howard Bashman



“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.

Posted at 1:30 PM by Howard Bashman



“Little-known provision in Trump tax bill could allow him to ignore court orders”: Bob Egelko of The San Francisco Chronicle has this report.

Posted at 1:26 PM by Howard Bashman



“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.

Posted at 1:24 PM by Howard Bashman



Sunday, May 25, 2025

“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.

Posted at 1:32 PM by Howard Bashman



“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.

Posted at 1:30 PM by Howard Bashman



“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.”

Posted at 1:25 PM by Howard Bashman



“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.

Posted at 1:17 PM by Howard Bashman



“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.

Posted at 1:15 PM by Howard Bashman



“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.

Posted at 1:14 PM by Howard Bashman



Friday, May 23, 2025

“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).

Posted at 3:06 PM by Howard Bashman



“SCOTUS Clerk Hiring Watch: OT 2025 And Beyond; Will Justices Thomas or Alito retire under Trump? I’m betting against it.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 1:25 PM by Howard Bashman



Thursday, May 22, 2025

“James Ho Understands What Trump Wants In a Supreme Court Justice; Getting on this White House’s Supreme Court shortlist is a matter of showing that you will be loyal to the president above all else”: Jay Willis has this essay online at Balls and Strikes.

Posted at 10:12 PM by Howard Bashman



“Julia Grant ’23 To Clerk at U.S. Supreme Court; Former Clinic Student Will Work for Justice Brett Kavanaugh”: Mike Fox of the University of Virginia School of Law has this report.

Posted at 9:50 PM by Howard Bashman



“Ed Martin’s failed bid for U.S. attorney revealed the limits of Trump’s power; The unsuccessful nomination revealed a shifting relationship between the president and GOP senators — and Trump’s willingness to walk away from a protracted fight”: Martine Powers and Spencer S. Hsu of The Washington Post have this report.

Posted at 9:44 PM by Howard Bashman



“Bonus 152: Judge Ho, Due Process, and ‘Disrespect’; Some thoughts on Judge Ho’s rather galling claim that the Supreme Court ‘disrespect[ed]’ the district court and the President in Friday’s ruling in the ‘A.A.R.P. II’ Alien Enemies Act case.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 9:35 PM by Howard Bashman



“Supreme Court Lets Trump, for Now, Remove Agency Leaders; An appeals court previously ruled that a key 1935 precedent, long in the cross hairs of the conservative legal movement, meant the officials could keep their jobs”: Adam Liptak and Abbie VanSickle of The New York Times have this report.

Ann E. Marimow of The Washington Post reports that “Supreme Court allows Trump to fire independent regulators for now; The order, which drew a sharp dissent from the three liberal justices, powerfully endorsed President Donald Trump’s authority over the federal bureaucracy.”

David G. Savage of The Los Angeles Times reports that “Supreme Court upholds for now Trump’s firing of two independent agency officials.”

Jess Bravin and Nick Timiraos of The Wall Street Journal report that “Supreme Court Lets Trump Fire Agency Officials, but Moves to Protect Fed; Order suggests justices will soon eliminate congressional power to insulate agencies from the White House.”

And Stephen Dinan of The Washington Times reports that “Supreme Court grants Trump broad powers to fire agency leaders.”

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

Posted at 9:27 PM by Howard Bashman



“Republican Bill Would Limit Judges’ Contempt Power; Democrats have argued that House Republicans’ measure would rob courts of their power by stripping away any consequences for officials who ignore judges’ rulings”: Michael Gold of The New York Times has this report.

Posted at 9:07 PM by Howard Bashman



“Deadlocked Supreme Court Rejects Bid for Religious Charter School in Oklahoma; In a 4-to-4 decision, the court upheld a ruling by the Oklahoma Supreme Court that blocked the school”: Abbie VanSickle and Sarah Mervosh of The New York Times have this report.

Justin Jouvenal, Laura Meckler, and Ann E. Marimow of The Washington Post report that “Supreme Court deadlocks, blocking creation of first religious public school; With only eight justices voting, the 4-4 tie leaves in place an Oklahoma Supreme Court ruling that a public religious charter school would violate the separation of church and state.”

David G. Savage of The Los Angeles Times reports that “Supreme Court splits 4-4, blocking first religious charter school in Oklahoma.”

Jess Bravin and Matt Barnum of The Wall Street Journal report that “Supreme Court Deadlock Blocks State Funding for Religious Charter Schools; The 4-4 vote, with Justice Amy Coney Barrett recusing herself, delivers an unexpected setback for social conservatives.”

Maureen Groppe of USA Today reports that “Supreme Court blocks Catholic charter school in big setback for religion advocates.”

Alex Swoyer and Stephen Dinan of The Washington Times report that “Divided Supreme Court affirms Oklahoma decision to block nation’s first religious charter school.”

And Mark Walsh of Education Week reports that “Religious Charter School Blocked After Supreme Court Deadlock.”

You can access today’s per curiam decision of the U.S. Supreme Court at this link.

Posted at 8:53 PM by Howard Bashman



“Pa. Justices To Mull State DOT Liability For Hanging Branches”: Matthew Santoni of Law360 has this report (subscription required for full access).

My recent earlier post about this case can be accessed here.

Posted at 12:53 PM by Howard Bashman



Wednesday, May 21, 2025

“How Trump Officials Debated Handling of the Abrego Garcia Case: ‘Keep Him Where He Is’; A Maryland man’s deportation to El Salvador set off a fierce debate among officials in three cabinet agencies, despite agreement there had been a mistake.” Hamed Aleaziz and Alan Feuer of The New York Times have this report.

Posted at 10:06 PM by Howard Bashman



“Trump 2.0 and the Supreme Court Reform Debate; Does the left’s turn to the courts in response to the Second Trump Administration’s excesses show advocates of structural reform of the Supreme Court were wrong?” Dan Epps has this post at the “Divided Argument” Substack site.

Posted at 9:50 PM by Howard Bashman



“SCOTUS Is About to Suffer Buyers Remorse, Again: They decided to tackle the very messy question of nationwide injunctions instead of answering the easy, obviously unconstitutional issue.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 9:46 PM by Howard Bashman