“Learning Resources and Youngstown: ‘is this case a big deal?’” William Baude has this post at the “Divided Argument” Substack site.
Posted at 1:21 PM by Howard Bashman|
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Tuesday, February 24, 2026
“Learning Resources and Youngstown: ‘is this case a big deal?’” William Baude has this post at the “Divided Argument” Substack site. Posted at 1:21 PM by Howard Bashman“The Tariff Wears Two Hats: What SCOTUS Doesn’t Understand.” John C. Eastman has this post at the American Mind site of the Claremont Institute. Posted at 1:15 PM by Howard Bashman“Trump Faces Tough Legal Landscape to Oppose Tariff Refunds”: Zoe Tillman of Bloomberg News has this report. Posted at 1:05 PM by Howard Bashman“American Bar Association puts Trump on blast for SCOTUS attacks; After calling the justices fools for ruling against him last week, President Trump said Monday that he’d no longer be capitalizing ‘Supreme Court’ as a reflection of its disrespect for his authority”: Kelsey Reichmann of Courthouse News Service has this report. And at the “Intelligencer” blog of New York magazine, Margaret Hartmann has a post titled “Trump Gets Back at ‘supreme court’ by Revoking Capital Letters.” Posted at 12:58 PM by Howard Bashman“Longtime Fifth Circuit Bulwark Dennis Stops Hearing Cases”: Jacqueline Thomsen of Bloomberg Law has this report. Posted at 12:54 PM by Howard Bashman“Tom Goldstein Won $51 Million Against Billionaire Heads-Up Legend Andy Beal”: Connor Richards of PokerNews has this report. Posted at 12:52 PM by Howard Bashman“What the Roberts Court Is Actually Trying to Accomplish: It’s not about Trump.” Sarah Isgur has this essay online at The Atlantic. Posted at 8:10 AM by Howard Bashman“Clarence Thomas Has Lost the Plot; The associate justice’s dissent in the tariffs case deserves some extra attention, because it his hopelessly uncoupled from law, history, and the Constitution”: Matt Ford has this essay online at The New Republic. Posted at 8:08 AM by Howard Bashman“Republican Judges Are Using Imaginary Voter Fraud to Empower Real Voter Suppression; Fifth Circuit Judge Edith Jones says that mail-in balloting is a ‘rich field for fraud’ in Texas; The numbers tell a different story”: Madiba K. Dennie has this essay online at Balls and Strikes. Posted at 8:05 AM by Howard Bashman“Tonight Show: At the State of the Union address, will Trump or John Roberts blink first?” Reynolds Holding has this post at his “Better Judgment” Substack site. Posted at 8:03 AM by Howard BashmanMonday, February 23, 2026
“Jeanine Pirro’s office shelves pursuit of Democrats over social video, sources say; A federal grand jury in D.C. unanimously rejected the attempt to indict six lawmakers who told military and intelligence community members on social media not to obey unlawful orders”: Ryan J. Reilly of NBC News has this report. Posted at 10:03 PM by Howard Bashman“Supreme Court to consider whether states can sue over greenhouse gas emissions; Dozens of municipalities are seeking billions in damages from oil and gas companies, often accusing them of misleading the public about the links between greenhouse gases and climate risks”: Justin Jouvenal of The Washington Post has this report. Posted at 9:25 PM by Howard Bashman“Trump Administration Scrambles to Pick Up the Pieces of Broken Tariffs; President Trump is already working to piece his tariff program back together, after a Supreme Court ruling ruptured a centerpiece of his economic agenda”: Ana Swanson of The New York Times has this report. Gavin Bade of The Wall Street Journal reports that “Trump Considers New National Security Tariffs After Supreme Court Ruling; New levies on a half-dozen industries would be issued separately from a new global 15% levy.” Katherine Hamilton of The Wall Street Journal reports that “FedEx Files Lawsuit Against U.S. Seeking Refund of Tariffs; Complaint follows Supreme Court’s rejection of Trump’s trade initiative.” In commentary, Tuesday’s edition of The Wall Street Journal will contain an editorial titled “The Unending Trump Tariff Mess; Section 122, the basis for his new tax plan, is a relic of a bygone age.” And in Tuesday’s edition of The Wall Street Journal, columnist Walter Russell Mead will have an op-ed titled “The Tariff Battles Are Far From Over; Limits on Mr. Trump will inspire a search to increase his leverage at home and abroad.” Posted at 9:24 PM by Howard Bashman“Judge Bars Release of Special Counsel Report on Trump’s Mishandling of Documents; Judge Aileen Cannon, a Trump-appointed federal judge in Florida, slammed the former special counsel, Jack Smith, for drafting the report even after she had dismissed the case”: Alan Feuer of The New York Times has this report. Perry Stein and Jeremy Roebuck of The Washington Post reports that “Judge Cannon orders secrecy for report on Trump classified-documents case; A federal judge in Florida blocked public release of special counsel Jack Smith’s extensive report into the classified-documents case against President Donald Trump.” Kyle Cheney and Josh Gerstein of Politico report that “Judge Cannon permanently blocks release of Jack Smith report; The Trump-appointed judge said releasing the classified docs report now would ‘contravene basic notions of fairness and justice.’” And in commentary, Tuesday’s edition of The Wall Street Journal will contain an editorial titled “Jack Smith’s Second Report Stays Buried; Judge Cannon says Trump and the rest are still presumed innocent.” Posted at 9:14 PM by Howard Bashman“Judges Grow Angry Over Trump Administration Violating Their Orders; At least 35 times since August, federal judges have ordered the administration to explain why it should not be punished for violating their orders in immigration cases”: Mattathias Schwartz, Zach Montague, and Ernesto Londoño of The New York Times have this report. Posted at 8:52 PM by Howard Bashman“The Supreme Court Hears a Tax Forfeiture Horror Story; The Justices can rule against an excessive fine and property seizure in Pung v. Isabella County”: The Wall Street Journal has published this editorial. Posted at 8:42 PM by Howard BashmanBomb cyclone snowstorm cancels jury deliberations today in United States v. Goldstein: The next opportunity for a verdict in the case will be tomorrow, Tuesday, February 24, 2026. The district court’s website is hosting these stipulations entered into earlier in the case. Posted at 4:28 PM by Howard Bashman“Let’s Talk Tariffs: A Closer Look At The SCOTUS Opinions; Turning from the big picture to the finer points, here are assorted observations about specific parts of the decisions.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 2:06 PM by Howard Bashman“The Epstein Files Should Never Have Been Released”: Law professor Daniel Richman has this guest essay online at The New York Times. Posted at 1:42 PM by Howard Bashman“Two chief US appellate judges to leave active service, handing Trump vacancies”: Nate Raymond of Reuters has this report. Posted at 1:22 PM by Howard Bashman“SCOTUS Again Takes on the 2nd Amendment — What Could Go Wrong?” You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube. Posted at 10:52 AM by Howard Bashman“The Decaying Legal Culture in the Defense Department; Trump and Hegseth will leave the uniformed military damaged by illegality, and Congress will be complicit”: Jack Goldsmith has this post at the “Executive Functions” Substack site. Posted at 10:50 AM by Howard Bashman“The Roberts Court Invokes Congress and the Constitution; Constitutional understandings aside, in over two hundred years, Congress had never used the word ‘regulate’ to delegate a taxing power to the executive branch”: Jonathan H. Adler has this post at Civitas Outlook. Posted at 9:24 AM by Howard Bashman“The Supreme Court’s Complicated Takedown of Trump’s Tariffs; There are seven separate opinions — and even the Justices who agree with one another are in some ways at odds”: Amy Davidson Sorkin has this essay online at The New Yorker. Posted at 9:20 AM by Howard Bashman“212. The Gorsuch-Kagan Tariffs Exchange: Justice Gorsuch’s charge that the Democratic appointees are being inconsistent in how they interpret broad statutory delegations depends upon remarkably superficial analyses of numerous earlier cases.” Steve Vladeck has this post at his “One First” Substack site. Posted at 9:18 AM by Howard BashmanSunday, February 22, 2026
“Justice Gorsuch Tries to Revive Congress; The Supreme Court Associate Justice explains why the legislative process is ‘the bulwark of liberty’”: This editorial will appear in Monday’s edition of The Wall Street Journal. Also in Monday’s edition of The Wall Street Journal, columnist Allysia Finley will have an op-ed titled “Tariff Ruling Leaves Plenty of Hypocrisy to Go Around; Trump should view the court’s decision for what it is: a boon for his presidency and legacy.” And online at The Wall Street Journal, Joshua Claybourn has an essay titled “A Government Tariff Refund Bait and Switch; Unless you’re the importer of record — and maybe even then — you won’t get back a dime of the duty you paid.” Posted at 10:12 PM by Howard Bashman“Trump Aides Project Confidence on Tariffs After Court Loss; Administration officials maintain that they can replicate the sky-high duties recently invalidated by the Supreme Court”: Tony Romm, Alan Rappeport, and Ana Swanson of The New York Times have this report. Posted at 10:05 PM by Howard Bashman“When Is a Tax Not a Tax? When it’s a taking, like California’s proposed wealth levy.” Law professor Philip Hamburger will have this op-ed in Monday’s edition of The Wall Street Journal. Posted at 9:53 PM by Howard Bashman“Senate G.O.P. Faces Pressure to Force ‘Talking Filibuster’ for Voter ID Bill; Some reluctant Republicans say an old-school filibuster showdown with Democrats could paralyze the Senate with no guarantee of success; But President Trump and their own colleagues are spoiling for the fight”: Carl Hulse of The New York Times has this report. Posted at 9:45 PM by Howard Bashman“Neil Gorsuch has Elena Kagan dead to rights; Democratic-appointed Supreme Court justices suddenly discover the merit of limiting the executive”: Columnist Jason Willick has this essay online at The Washington Post. Posted at 9:42 PM by Howard Bashman“Is This the Most Important Supreme Court Case of the Century?” Columnist David French has this essay online at The New York Times. Posted at 9:37 PM by Howard Bashman“Stand back, Congress needs a second Supreme Court jolt; The justices’ ruling on tariffs blocked Trump but insufficiently addressed executive branch overreach”: Columnist George F. Will has this essay online at The Washington Post. Posted at 9:35 PM by Howard Bashman“Judicial Notice (02.22.26): abcdefu; A SCOTUS smackdown of Trump’s tariffs, more Ruemmler revelations, Alito retirement rumors, a $7.3 billion settlement, and partner departures from Kirkland and Wachtell.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 9:08 PM by Howard BashmanSaturday, February 21, 2026
“How the Supreme Court Spared America: The ruling against Trump’s tariffs is a major victory for the constitutional separation of powers, rule of law, and millions of American consumers and businesses.” Law professor Ilya Somin has this essay online at The Atlantic. Posted at 9:00 PM by Howard Bashman“After His Supreme Court Win, a Toymaker Refocuses on Growth; Tariffs upended Rick Woldenberg’s educational-toy business, which his grandfather founded in 1916”: Theo Francis of The Wall Street Journal has this report. Posted at 8:58 PM by Howard Bashman |
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