How Appealing



Wednesday, May 7, 2025

“The Universal Injunction Cases, Part 1: The Origins Debate; What should we call these things and when did they begin?” Samuel Bray has this post at the “Divided Argument” Substack site.

Posted at 1:08 PM by Howard Bashman



“Trump military border charges sow confusion in federal courts; The administration is adding charges against migrants caught in its new ‘national defense areas’ along the border”: Reyes Mata III, Maria Sacchetti, and Dan Lamothe of The Washington Post have this report.

Posted at 12:37 PM by Howard Bashman



“Griffin concedes NC Supreme Court race, ending unprecedented effort to overturn election”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.

Rob Schofield of NC Newsline reports that “Jefferson Griffin concedes in Supreme Court election.”

The Carolina Journal reports that “Griffin concedes NC Supreme Court election loss to Riggs.”

Eduardo Medina of The New York Times reports that “Republican Gives Up Fight to Overturn Defeat in N.C. Judicial Race; Three counts showed that the incumbent, a Democrat, won the State Supreme Court election last fall. But Judge Jefferson Griffin tried for months to reverse his loss through the courts.”

Patrick Marley of The Washington Post reports that “Republican concedes in N.C., ending effort to change election rules after the fact; Justice Allison Riggs’s victory — by 734 votes out of 5.5 million cast — can be certified after Jefferson Griffin ended his legal challenge to thousands of votes.”

And Adam Edelman of NBC News reports that “Republican Jefferson Griffin concedes N.C. Supreme Court race after months of legal battles; The announcement, which comes six months after the final votes were cast, brings an end to the final unresolved contest from the 2024 election.”

Posted at 12:34 PM by Howard Bashman



Tuesday, May 6, 2025

“A Clue From the Supreme Court on How It Will Handle Trump: Federal judges throughout the country are losing patience with the administration; Will it be an issue for the Supreme Court?” Ankush Khardori has this essay online at Politico Magazine.

Posted at 10:02 PM by Howard Bashman



“N.Y. judge finds Alien Enemies Act use illegal, blocks removals to ‘evil’ jail; A federal judge in New York ruled that the Trump administration does not have legal justification to deport Venezuelan immigrants under the Alien Enemies Act”: Shayna Jacobs and Maria Sacchetti of The Washington Post have this report.

Posted at 9:58 PM by Howard Bashman



“Judge Declines to Remove Order Requiring Return of Deported Migrant; The case, involving a 20-year-old Venezuelan, exemplifies yet another way the White House has sought new and aggressive methods to expel immigrants from the United States”: Alan Feuer and Aishvarya Kavi of The New York Times have this report.

Jeremy Roebuck of The Washington Post reports that “Judge presses Trump administration on returning 2nd wrongly deported man; U.S. District Judge Stephanie Gallagher rejected government arguments that retrieving the 20-year-old was pointless because a Department of Homeland Security agency determined last week that he would not qualify for asylum anyway.”

And Josh Gerstein of Politico reports that “Trump-appointed judge reaffirms order that admin seek return of 2nd wrongly deported man from El Salvador; The Trump administration expelled the 20-year-old Venezuelan from the U.S. in March despite a legal settlement barring his deportation.”

Posted at 9:55 PM by Howard Bashman



“Anonymous pizza deliveries to judges appear to be threats, senator says; Sen. Dick Durbin (D-Illinois) called on the Justice Department and FBI to investigate anonymous pizza deliveries made to federal judges’ homes”: Derek Hawkins of The Washington Post has this report.

Posted at 9:48 PM by Howard Bashman



“Some Giant Law Firms Shy Away From Pro Bono Immigration Cases; Fearing the wrath of President Trump, some elite law firms are declining pro bono work on lawsuits challenging the administration’s policies”: Matthew Goldstein and Jessica Silver-Greenberg of The New York Times have this report.

Posted at 9:42 PM by Howard Bashman



“Supreme Court Lets Trump Enforce Transgender Troop Ban as Cases Proceed; Lower courts had blocked the policy, saying it was not supported by evidence and violated equal protection principles”: Adam Liptak of The New York Times has this report.

Ann E. Marimow and Justin Jouvenal of The Washington Post report that “Supreme Court lets Trump ban transgender troops while case continues; LGBTQ advocates said the Trump administration’s purge of transgender troops is unconstitutional and will hurt national security and waste resources.”

David G. Savage of The Los Angeles Times reports that “Supreme Court allows Trump’s ban on transgender troops.”

Jess Bravin of The Wall Street Journal reports that “Supreme Court Lets Trump’s Ban on Transgender Military Service Take Effect; Federal judge had blocked reversal of Biden policy, saying government provided no evidence that trans people undermined armed forces.”

Maureen Groppe of USA Today reports that “In win for Trump, Supreme Court allows ban on transgender troops to take effect.”

And Alex Swoyer and Stephen Dinan of The Washington Times report that “Supreme Court lets Trump ban transgender people from military service while litigation unfolds.”

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

Posted at 9:40 PM by Howard Bashman



“A Conservative Judge Blocks Trump; Fernando Rodriguez Jr. rules against the president’s use of the Alien Enemies Act”: Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 8:50 PM by Howard Bashman



“Trump Returns to Red State Appeals Lawyers to Fill Judgeships; State attorneys, solicitors general to be favored for posts; Have been on front lines of critical conservative legal issues”: Tiana Headley of Bloomberg Law has this report.

Posted at 8:28 PM by Howard Bashman



“Trump’s Pick for Washington’s Top Prosecutor Faces Long Confirmation Odds; Republicans raise concerns about nominee Ed Martin, a vocal advocate for Trump supporters who stormed Capitol”: Sadie Gurman, Lindsay Wise, and Jess Bravin of The Wall Street Journal have this report.

Glenn Thrush of The New York Times reports that “Republican Senator Says He’ll Vote Against Pick for U.S. Attorney; The nomination of the prosecutor, Ed Martin, has been teetering amid revelations that he once compared former President Biden to Adolf Hitler.”

And Spencer S. Hsu, Patrick Svitek, and Paul Kane of The Washington Post report that “GOP senators buck Trump’s pick for D.C. U.S. attorney, imperiling bid; Sen. Thom Tillis (R-North Carolina), facing reelection in 2026, objected to Ed Martin’s support for Jan. 6 Capitol rioters who assaulted police. Other Republicans kept mum.”

Posted at 5:05 PM by Howard Bashman



“Shadow Docket Workload Threatens to Delay Supreme Court Opinions; Court getting unprecedented number of emergency requests; Argument day already added for Trump applications”: Lydia Wheeler and Kimberly Strawbridge Robinson of Bloomberg Law have an article that begins, “The Trump administration could ruin the Supreme Court’s summer recess.”

Posted at 1:48 PM by Howard Bashman



“Sen. Thom Tillis splits from Trump on Washington’s top prosecutor, citing Jan. 6”: Danielle Battaglia of The Charlotte Observer has this report.

Aysha Bagchi of USA Today reports that “Trump DC attorney pick Ed Martin’s nomination in peril after rare Republican opposition.”

Jordain Carney and Hailey Fuchs of Politico report that “Tillis says he’ll oppose Ed Martin, dealing grave blow to Trump’s DC prosecutor pick; The GOP senator’s stance means Martin is unlikely to advance out of committee.”

Ryan J. Reilly, Frank Thorp V, Kate Santaliz, and Sahil Kapur of NBC News report that “Key GOP senator won’t support Trump loyalist Ed Martin to be D.C.’s top prosecutor; North Carolina Republican Sen. Thom Tillis’ decision likely derails Martin’s nomination as U.S. attorney for the District of Columbia.”

Annie Grayer, Paula Reid, and Manu Raju of CNN report that “Nomination for Trump’s pick for DC’s top prosecutor in trouble amid key Republican push back.”

And at her “Civil Discourse” Substack site, Joyce Vance has a post titled “The Outrage That Is Ed Martin.”

Posted at 1:44 PM by Howard Bashman



“A Real Estate Guy at Heart: Donald Trump on his constitutional responsibilities.” Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 9:48 AM by Howard Bashman



Monday, May 5, 2025

“For Trump, the Constitution Is a Hindrance as He Pushes for Deportations; President Trump and his allies have portrayed their efforts to bypass due process as necessary for national security”: Tyler Pager of The New York Times has this White House Memo.

Posted at 9:33 PM by Howard Bashman



“Trump Administration Asks Court to Dismiss Abortion Pill Case; The request echoes the position the Biden administration took in the case in January, surprising some observers”: Pam Belluck of The New York Times has this report.

You can access the federal government’s filing at this link.

Posted at 9:25 PM by Howard Bashman



“Federal judge orders NC to certify Riggs as winner in Supreme Court election”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report.

Jack Hagel and Brian Murphy of WRAL News report that “Federal judge tells state board to certify Riggs’ victory in disputed NC Supreme Court race; A federal judge ordered North Carolina elections officials to certify Democrat Allison Riggs’ narrow victory in the November election for a seat on the state Supreme Court; GOP challenger Jefferson Griffin has seven days to appeal.”

Lynn Bonner of NC Newsline reports that “Federal judge rules for Riggs in Supreme Court voter case.”

The Carolina Journal reports that “Federal judge rules for Riggs, orders her certified as NC Supreme Court winner.”

Eduardo Medina and Emily Cochrane of The New York Times report that “Judge Orders Elections Board to Certify Democrat’s Victory in Contested N.C. Race; The federal ruling on Monday was the most significant legal victory yet for Justice Allison Riggs, the Democratic incumbent in a State Supreme Court race.”

Sydney Haulenbeek of Courthouse News Service reports that “Judge loses bid for seat on North Carolina Supreme Court bench; Judge Jefferson Griffin has been fighting the results of the state Supreme Court election for six months.”

And at his “Election Law Blog,” Rick Hasen has a post titled “Federal District Court — in a Ruling Likely to Be Upheld on Appeal — Holds That Judge Griffin’s Attempt to Overturn the Results of the North Carolina Supreme Court Election Violates the Constitutional Rights of Voters and Orders Certification for Incumbent Justice Riggs.”

You can access today’s ruling of the U.S. District Court for the Eastern District of North Carolina at this link.

Posted at 9:14 PM by Howard Bashman



“Trump, asked if he has to ‘uphold the Constitution,’ says, ‘I don’t know’; Trump said on NBC News’ ‘Meet the Press’ that he’s following lawyers’ advice as he tries to execute rapid deportations, arguing that giving immigrants due process is time-consuming”: Amanda Terkel and Lawrence Hurley of NBC News have this report.

Jonathan Swan of The New York Times reports that “Trump Says ‘I Don’t Know’ When Asked About Due Process and Upholding Constitution; President Trump repeatedly said he didn’t know when asked in a TV interview whether every person on American soil was entitled to due process, as guaranteed by the Fifth Amendment.”

Matt Viser of The Washington Post reports that “Trump says ‘I don’t know’ when asked if he’s required to uphold Constitution; The president also downplayed fears of a recession and spoke of potential successors when his four-year term ends in an NBC interview.”

And Jess Bravin of The Wall Street Journal reports that “Trump Says ‘I Don’t Know’ When Asked if He Must Uphold the Constitution; The president also questioned whether noncitizens are entitled to due process as his deportation efforts stoke conflict with federal courts.”

Posted at 8:32 PM by Howard Bashman



“Trump’s Deportees to El Salvador Are Now ‘Ghosts’ in U.S. Courts; Even as the Administration refuses to reveal the names of those it has deported under the Alien Enemies Act, a network of lawyers and advocates is fighting to keep their cases alive”: Jonathan Blitzer of The New Yorker has this report.

Posted at 2:56 PM by Howard Bashman



“The Un-American Project: The Trump administration can’t delete birthright citizenship or due process from the constitution; But they’re asking the courts to let them.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 2:54 PM by Howard Bashman



“Is This the End of the Separation of Church and State? The Justices, who have steadily eroded prohibitions on government sponsorship of religious schools, now seem ready to end them entirely.” Ruth Marcus has this essay online at The New Yorker.

Posted at 2:50 PM by Howard Bashman



“147. The Increasingly Overloaded Emergency Docket: The unprecedented (and unsustainable) flurry of emergency requests in Trump-related cases shows no signs of letting up; The harder question is whether the justices are willing to do anything about it.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 2:46 PM by Howard Bashman



“How This Conservative Lawyer Became One of Trump’s Toughest Foes in Court: Paul Clement, a former star of the George W. Bush administration, adds conservative credibility for clients taking on the White House.” Jan Wolfe and Jess Bravin of The Wall Street Journal have this report.

Posted at 2:41 PM by Howard Bashman



Sunday, May 4, 2025

“Trump Gets a Slow Start on Judges After Setting a Record Pace in First Term; The president named his first appeals court candidate this week, but fewer vacancies and other priorities have led to a lack of judicial nominations from the White House so far”: Carl Hulse of The New York Times has this report.

Posted at 9:56 PM by Howard Bashman



“Harvard is taking the Trump administration to court. The judge overseeing the case is no stranger to either side.” Lauren Mascarenhas of CNN has this report.

Posted at 9:34 PM by Howard Bashman



“Trump’s 48-hour scramble to fly migrants to a Salvadoran prison; The administration rounded up some of the Venezuelans two days before the flights took off, pressing forward even as Venezuela agreed to accept deportees”: Sarah Blaskey, Samantha Schmidt, Silvia Foster-Frau, Ana Vanessa Herrero, Arelis R. Hernández, María Luisa Paúl, and Karen DeYoung of The Washington Post have this report.

Posted at 8:50 PM by Howard Bashman



“The Rule of Law, The Rule of Courts, and the Rule of the State; Fuller on the Limits of Legality and of Judicial Review”: Adrian Vermeule has this post at “The New Digest” Substack site.

Posted at 8:42 PM by Howard Bashman



“Judicial Notice (05.04.25): ‘Juvenile And Impertinent’; Lisa Blatt v. Roman Martinez, a Trump appointee v. the Trump administration, Judge Katsas v. Judge Rao, and … a purple dragon?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:34 PM by Howard Bashman



“The Fourth Circuit’s Geofencing Case Ends Not With a Bang But A Whimper; Fifteen judges produce eight separate opinions — but no view gets a majority”: Orin S. Kerr has this post at “The Volokh Conspiracy.”

Posted at 8:32 PM by Howard Bashman



“Justice Department lawyers face skeptical judges upset by ‘shoddy work’; As they defend against more than 200 lawsuits challenging President Donald Trump’s initiatives, some government lawyers are getting scolded from the bench”: Mark Berman and Jeremy Roebuck of The Washington Post have this report.

Posted at 8:30 PM by Howard Bashman



“Minnesota Supreme Court reverses woman’s indecent exposure conviction; The Minnesota Supreme Court determined the state failed to prove Eloisa Plancarte ‘lewdly’ exposed her breasts in a Rochester gas station parking lot in 2021”: Olivia Estright of The Post Bulletin of Rochester, Minnesota has this report.

And Matt Sepic of Minnesota Public Radio News reports that “Woman’s indecent exposure conviction overturned by Minnesota Supreme Court.”

You can access this past Wednesday’s ruling of the Supreme Court of Minnesota at this link.

Posted at 9:33 AM by Howard Bashman