“Trump Seeks a Tariff Do-Over in Court; After its Section 122 levies lose in court, White House lawyers improperly appealed with a new rationale”: J. Marc Wheat and Richard Stern have this essay online at The Wall Street Journal.
“Ed Martin leaving DOJ for outside legal work tied to elections, Trump says; Martin, a staunch Trump ally, served as the pardon attorney and the interim U.S. attorney for the District of Columbia in 2025”: Ashley Ahn of Politico has this report.
And Perry Stein and Jeremy Roebuck of The Washington Post reports that “Ed Martin leaving Justice Dept. after tumultuous tenure that alienated colleagues; Martin’s clashes cost him jobs as U.S. attorney and as head of the Justice Department’s ‘weaponization’ group.”
“Postal Service Publishes Finalized Plan to Restrict Mail Ballots; The plan, which complies with President Trump’s executive order to curtail mail voting, will only go into effect if the Supreme Court rules in the order’s favor”: Adam Sella of The New York Times has this report.
“Georgia’s highest court to stop hearing appeals in murder cases. What’s that mean for Georgia?” Peter Biello of Georgia Public Broadcasting has this report.
“A Few Expert Lawyers Dominate Supreme Court Arguments, a New Study Finds; Chief Justice Roberts, once such a lawyer, has said he has mixed feelings about the trend”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.
“Chief Justice Declines to Halt Trump’s White House Ballroom Construction, for Now; The 90,000-square-foot ballroom project has grown in size and scope, with the president’s lawyers saying it is intertwined with the renovation of an underground military bunker”: Ann E. Marimow of The New York Times has this report.
You can access yesterday’s order at this link.
“The Kidney Stones that Made John Marshall Chief Justice . . . and other serendipities”: Ed Whelan has this post at his “Confirmation Tales” Substack site.
“U.S. Citizen Who Deleted Phone’s Data Says His Prosecution Puts Privacy at Risk; Samuel Tunick, who faces a felony charge for deleting his phone’s data during an airport customs search, called the government’s peering into people’s private lives ‘creepy’”: Adeel Hassan of The New York Times has this report.
“Trump Administration Attacks Bar Association’s Power to Accredit Law Schools; Move escalates feud with nation’s premier legal organization”: Douglas Belkin and Erin Mulvaney of The Wall Street Journal has this report.
“Appeals court affirms Sarcone is unlawfully serving as top federal prosecutor in Upstate NY”: Jon Moss and Anne Hayes of The Post-Standard of Syracuse, New York have this report.
Emily Goodin of The New York Post reports that “Trump admin dealt major blow in crusade against Letitia James after top NY prosecutor determined unlawfully appointed.”
Kara Scannell of CNN reports that “Trump US attorney pick can no longer investigate one of the president’s top foes, court rules.”
And Josh Russell of Courthouse News Service reports that “Second Circuit kills appointment of Trump loyalist as top New York prosecutor; Trump’s pick for the top federal prosecutor overseeing the Northern District of New York was found to have sidestepped Senate appointment procedure and was barred from investigating New York Attorney General Letitia James.”
You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the Second Circuit at this link.
“Judge Bibas on Opinion Writing: Skip the ‘$5 Words,’ Read More Fiction”: Avalon Zoppo of Law.com has this report.
“‘Not the mastermind’: Donna Adelson appeals conviction in Markel death; She ‘was not the mastermind’ behind the murder-for-hire, a new brief says.” Jeff Burlew of The Tallahassee Democrat has this report.
“Bonus 244: Minnesota v. Abbott; Governor Abbott is refusing to comply with a demand to extradite an ICE officer under criminal indictment in Minnesota; He has no viable legal argument, but may instead be trying to run out the clock.” Steve Vladeck has this post at his “One First” Substack site.
“Let’s Pretend We’re Justices | Interview: Chris Scalia”: You can access the new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“Build First, Ask Questions Later: Trump’s Ballroom Puts Supreme Court in a Bind; The administration says it is too late to unwind the project, even though two courts ruled against it.” James Romoser and Will Hobson of The Wall Street Journal have this report.
“ChatGPT Is a Huge Snitch: Never say anything to AI that you wouldn’t want read aloud in a court of law.” John Herrman has this post at the “Intelligencer” blog of New York magazine.
“How Wall St. Profits When Personal Injury Lawsuits Pay Out; Personal injury cases have exploded, in number and magnitude, funded by companies betting on a win — and offering investors a piece of the action”: Ellen Gabler, Robert Gebeloff, and Julie Tate of The New York Times have this report.
“A Landmark Supreme Court Ruling Is Upending How America Moves Its Goods; The high court’s decision may expose freight brokers to potentially enormous lawsuits, squeeze smaller carriers and drive up the cost of transporting almost everything that ships by truck”: Cailley LaPara and Matthew Griffin of Bloomberg News have this report.
“Tom Goldstein Asks 4th Circuit for Release From Prison During Tax Crime Appeal; The appellate attorney and SCOTUSblog founder says, through counsel, that erroneous jury instructions amounted to a violation of his due process rights and that imprisonment during appeal ‘would effectuate a grave injustice’”: Avalon Zoppo of The National Law Journal has this report.
You can access the court filing at this link.
“DHS Lawyer Faces Ethics Complaint Over ‘Worst’ Judges Posts”: Suzanne Monyak of Bloomberg Law has this report.
“Prosecutors claim Comey posted ‘86 47’ seashell photo to boost book sales; The Justice Department’s motion comes in response to James Comey’s effort to have charges against him dismissed as vindictive prosecution”: Perry Stein of The Washington Post has this report.
“Blanche’s DOJ Deputy Options Risk Renewed Settlement Fund Fight”: Ben Penn of Bloomberg Law has this report.
“‘No serious dispute’ that Comey’s seashell post could be read as a Trump threat, prosecutors say”: Eric Tucker of The Associated Press has this report.
And Celine Castronuovo of Bloomberg Law reports that “DOJ Maintains Comey Seashells Post Was Threat to Trump’s Life.”
Yesterday’s prosecution filings can be accessed here, here, here, and here.
“ICE’s wins on mandatory detention come from just a handful of judges; Trump’s second-term appointees have sided with the administration more than 60 percent of the time — twice the rate of his first-term judges”: Kyle Cheney and Jessie Blaeser of Politico have this report.
“The Administrative State Is on Life Support, but It’s Not Dead; How Donald Trump and the Supreme Court’s conservative justices fundamentally changed the federal government — and what to do about it”: Ankush Khardori has this post at his “OPENfile” site.
“A Missile Alert Half a World Away Interrupts Court Hearing at Guantánamo; A possible expert witness was hurried off a video feed after an emergency alert in Dubai, near the Strait of Hormuz, a flashpoint in the U.S.-Iran war”: Carol Rosenberg of The New York Times has this report.
“Harvard Students Can Cope With Getting a B”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.
“Seventh Circuit dumps ban on abortion info for minors; Indiana’s ‘aid-or-assist’ statute prohibits doctors and abortion providers from sharing information about out-of-state abortions with minors without parental consent or court approval”: Caitlyn Rosen of Courthouse News Service has this report.
You can access today’s decision of a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit, consisting of a majority opinion and an opinion concurring in the judgment, at this link.
“Fourth Circuit upholds injunction barring immigration arrests at some houses of worship; The injunction, which applies to groups of Quakers, Sikhs and Cooperative Baptists, blocks a new policy that gives immigration officials discretion to conduct enforcement actions in sensitive areas like places of worship”: Joe Dodson of Courthouse News Service has this report.
You can access today’s decision of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
“Trump’s Ballroom Blitz”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube.
“South Carolina Vote-by-Mail Restrictions Deemed Unconstitutional”: Eric Heisig of Bloomberg Law has this report.
You can access today’s decision of a unanimous three-judge panel of the U.S. Court of Appeals for the Fourth Circuit at this link.
“Curtail the Cult of Judicial Celebrity; Americans need to see the Supreme Court as co-equal with the executive and congressional branches”: Josh Blackman has this post at Civitas Outlook.
“Trump Making Ballroom ‘Fait Accompli,’ Foes Tell Supreme Court”: Greg Stohr of Bloomberg News has this report.
And Kelsey Reichmann of Courthouse News Service reports that “Nonprofit pushes SCOTUS to keep Trump’s ballroom on pause; The National Trust for Historic Preservation says the president has no authority to destroy a third of the White House and replace it with a privately funded ballroom.”
You can access the court filing at this link.
“The chief justice should share much of his power”: Josh Blackman has this post at “SCOTUSblog.”
“Donna Adelson seeks new delay on appeal, citing ‘medical emergency’; Adelson’s attorneys filed a motion Aug. 7 for more time and an amended motion three days after that”: Jeff Burlew of The Tallahassee Democrat recently had this report.
And according to the Reddit site that covers the matter, you can access Donna Adelson’s appellate brief via this link.