How Appealing



Tuesday, March 18, 2025

“Roberts Leaves His Comfort Zone to Rebuke Trump Impeachment Call; Roberts previously rebuked Trump during his first term; Chief justice prefers to speak through judicial rulings”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

And Jacqueline Thomsen of Bloomberg Law reports that “Judge Boasberg’s Deportation Ruling Makes Him Top Trump Target; Ruling sparked Trump, Roberts impeachment statements; Former prosecutor led surveillance court.”

Posted at 5:36 PM by Howard Bashman



“Texas Illegal Abortion Investigation Results in Third Arrest; Nurse practitioner charged with practicing without license; Arrests are first under Texas’ post-Roe anti-abortion laws”: Ryan Autullo of Bloomberg Law has this report.

Posted at 5:30 PM by Howard Bashman



“In Defense of Amy Coney Barrett: Why She Was Nominated to the Supreme Court; Republicans couldn’t have filled the seat without Justice Barrett; Mitch McConnell knew this, and for that reason insisted that she needed to be the nominee.” Michael A. Fragoso has this post at Public Discourse.

And in response, at “The Volokh Conspiracy,” Josh Blackman has a post titled “The Best Defense of Justice Amy Coney Barrett: No One Else Could Have Been Confirmed To Replace RBG Before The Election.”

Posted at 3:00 PM by Howard Bashman



“Chief Justice rejects calls by Trump and allies to impeach judges; Chief Justice John G. Roberts Jr. took issue with calls from President Donald Trump and his allies to impeach judges who block the administration’s initiatives”: Ann E. Marimow, Patrick Svitek, Justin Jouvenal, and Natalie Allison of The Washington Post have this report.

Joey Garrison and Maureen Groppe of USA Today report that “Chief Justice John Roberts rebukes Trump after president calls for US judge’s impeachment.”

Alex Swoyer of The Washington Times reports that “Chief Justice Roberts shames judicial impeachment talk, rebukes Trump stance.”

And Karoun Demirjian of The New York Times reports that “Judge Draws Trump’s Ire Over Ruling to Stop Deportation Flights; President Trump has called for Judge Boasberg to be impeached after he ruled against the administration over the president’s efforts to use a law from 1798 to speed deportations.”

Posted at 2:56 PM by Howard Bashman



“Courts Defer to Executive Branch Factual Claims. Trump Complicates That. The litigation unleashed by President Trump’s second term, combined with his distortions and lies, is testing the judicial system’s practice of deferring to the executive branch’s determinations about what is true.” Charlie Savage of The New York Times has this news analysis.

Posted at 2:42 PM by Howard Bashman



“The alarmingly high stakes in an easy Supreme Court voting rights case; The Court decided an identical case two years ago; But every voting rights case that reaches this Court is dangerous”: Ian Millhiser has this essay online at Vox.

Posted at 1:22 PM by Howard Bashman



“The Alien Enemies Act Is a Weak Argument for Deportation; The US isn’t at war with Venezuela, a gang isn’t a government and it’s not threatening invasion or incursion”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 1:18 PM by Howard Bashman



“Trump Administration Questions Law Firms Over D.E.I. Employment Practices; The move by the Equal Employment Opportunity Commission comes as the administration is taking aggressive steps to intimidate law firms”: Madeleine Ngo of The New York Times has this report.

Posted at 1:16 PM by Howard Bashman



“The Alien Enemies Act and Trump’s Power Struggle With Courts; Hazardous new moves in and out of court”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 1:14 PM by Howard Bashman



“Chief Justice Roberts Criticizes Trump’s Call to Impeach Judges; Rare public statement comes hours after president called for removal of judge who sought to temporarily block some deportations”: Jess Bravin of The Wall Street Journal has this report.

Alan Feuer of The New York Times reports that “Trump Administration Pushes Back Against Judge’s Orders on Deportations; In asking the judge to dissolve a temporary restraining order on deportation flights, the Justice Department opened another front in its aggressive pushback to his decisions.”

Spencer S. Hsu of The Washington Post has an article headlined “Who is the judge Trump wants impeached over Venezuelan deportations? Judge James E. Boasberg halted the administration from using an 18th-century law to deport migrants. Does a constitutional crisis loom between Trump and the courts?

And Megan Messerly and Kyle Cheney of Politico report that “Trump calls for impeachment of judge who tried to halt deportations; It represents a significant escalation of the president’s attempts to push the boundaries of the separation of powers with the courts.”

Posted at 1:07 PM by Howard Bashman



Monday, March 17, 2025

“A Judge Ordered Deportation Planes to Turn Around. The White House Didn’t Listen. A New York Times review of flight data showed that at the time of a federal judge’s order, two flights were in the air, and one had not yet taken off.” Luke Broadwater, Albert Sun, and Annie Correal of The New York Times have this report.

Justin Jouvenal, Natalie Allison, Ann E. Marimow, and Marianne LeVine of The Washington Post report that “Trump escalates fight with federal courts over deportation authority; Several legal experts said the deportation episode marks a dramatic — and troubling — escalation in the Trump administration’s pushback against the courts.”

Jess Bravin of The Wall Street Journal reports that “Trump Escalates Push Against Legal Norms; President declares Biden pardons void while White House defends deportations despite court order.”

Jan Wolfe of The Wall Street Journal reports that “Judge Questions Administration’s Defense of Deportation Flights; Case is emerging as one of the biggest tests yet of the administration’s use of legal authorities in deportations.”

In commentary, Tuesday’s edition of The Wall Street Journal will contain an editorial titled “Trump, Deportations and the Law: He campaigned on deporting gang members, but he can’t defy court orders.”

And online at Slate, Dahlia Lithwick and Mark Joseph Stern have a Jurisprudence essay titled “We’ve Officially Entered the Next Phase of Trump’s Dictatorship Era.”

Posted at 10:00 PM by Howard Bashman



“Texas Arrests Midwife and Associate on Charges of Providing Abortions; The two arrests in greater Houston appear to be the first time health care providers have been charged with violating abortion bans in their state since Roe v. Wade was overturned in 2022”: J. David Goodman of The New York Times has this report.

Molly Hennessy-Fiske and Kyle Melnick of The Washington Post reports that “Texas charges midwife in first arrest under state’s abortion ban; Attorney General Ken Paxton alleged Monday that Maria Margarita Rojas performed abortions and practiced medicine without a license.”

And Eleanor Klibanoff of The Texas Tribune reports that “Two Houston-area clinic employees arrested for allegedly providing illegal abortions; This represents the first criminal charges under Texas’ near-total abortion ban.”

Posted at 9:42 PM by Howard Bashman



“Trump’s Deportation Push Tests Courts’ Ability to Check His Power”: Greg Stohr and David Voreacos of Bloomberg News have this report.

Posted at 5:40 PM by Howard Bashman



“A Birthright Citizenship Loss Might Still Give Trump a Victory; Justice Department appeals birthright citizenship to high court; Asks justices to finally rein in nationwide injunctions”: Kimberly Strawbridge Robinson of Bloomberg Law has this report.

Posted at 5:37 PM by Howard Bashman



“Trump Says Biden’s Pardons are ‘Void’ and ‘Vacant’ Because of Autopen; The use of the autopen, a device that reproduces signatures and is ubiquitous in government and business, is ordinarily uncontroversial; There is no power to undo a pardon in the Constitution or case law”: Shawn McCreesh of The New York Times has this report.

Patrick Smith and Dareh Gregorian of NBC News report that “Trump claims Biden’s pardons for Jan. 6 committee are ‘void’ because he used an autopen; Trump has argued that the committee members are guilty of unspecified ‘major crimes.’

And Gregory Korte and Jennifer A Dlouhy of Bloomberg News report that “Trump Calls Biden Pardons ‘Void’ Because of Autopen Usage.”

Posted at 5:32 PM by Howard Bashman



“Judge James Ho Targets ‘Bias’ at Law Firms Amid Trump Attacks; Fifth Circuit won’t review ruling on Mississippi mail ballots; Ho raises ‘ideological or political discrimination’ by attorneys”: Jacqueline Thomsen of Bloomberg Law has this report.

You can access last Friday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, at this link.

Posted at 5:15 PM by Howard Bashman



“132. Five Questions About Trump’s Alien Enemy Act Proclamation: A quick take on some of the questions raised by President Trump’s . . . dubious invocation of a 1798 statute as a basis for arresting, detaining, and removing non-citizens with ties to Tren de Aragua.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 1:26 PM by Howard Bashman



“The Case of Mahmoud Khalil: If the Trump Administration comes out on the wrong side of this fight, it will be because defending free speech remains a politically lucid and powerful principle.” Benjamin Wallace-Wells has this Comment in the Talk of the Town section of the March 24, 2025 issue of The New Yorker.

Posted at 1:20 PM by Howard Bashman



“Is There a Right to a Jury Trial for Death on the High Seas Act Claims Not Designated as Admiralty Claims? Retired Judge Gertner and I have filed an amicus brief in support of certiorari to answer the question, which has important important implications for admiralty jurisdiction.” Paul Cassell has this post at “The Volokh Conspiracy.”

You can access the amicus brief via this link.

Posted at 1:14 PM by Howard Bashman



“Donald Trump’s All-Out Attack on Law Firms; Yes, it’s about retaliation — but also more”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 1:00 PM by Howard Bashman



“Contempt, Equity, and the Boundaries of the United States; Equity does not stop at the water’s edge”: Samuel Bray has this post at the “Divided Argument” Substack site.

Posted at 12:48 PM by Howard Bashman



“133. Birthright Citizenship (Sort of) Reaches the Court: The Trump administration’s emergency applications in three birthright citizenship cases are a cynical effort to mitigate the effects of an inevitable loss on the merits; The justices shouldn’t bite.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 12:33 PM by Howard Bashman



Sunday, March 16, 2025

“Big Law Stands Up: After an initial shock, signs of big firms fighting back against Trump; Will it be enough?” You can access yesterday’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 10:04 PM by Howard Bashman



“Judicial Notice (03.16.25): Stop The Insanity; A new Ninth Circuit opening, Trump’s ongoing war with Biglaw, two circuit-court wins for academic freedom, and a pair of major M&A hires.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:02 PM by Howard Bashman



“White House Denies Violating Judge’s Order in Deporting Venezuelans; Karoline Leavitt, the White House press secretary, also asserted that the federal courts ‘have no jurisdiction’ over President Trump’s conduct of foreign affairs or his power to expel foreign enemies”: Devlin Barrett, Annie Correal, and William K. Rashbaum of The New York Times have this report.

And Megan Lebowitz, Julia Ainsley, Gary Grumbach, and Nnamdi Egwuonwu of NBC News report that “Trump administration touts deportations under Alien Enemies Act after a judge temporarily blocked its use; Administration officials said they expect the fight over using the wartime act to ultimately head to the Supreme Court.”

Posted at 9:57 PM by Howard Bashman



“Don’t Fool Yourself Into Thinking It Will Stop With Columbia”: Columnist David French has this essay online at The New York Times.

Posted at 9:54 PM by Howard Bashman



“Alaska Supreme Court says North Slope principal’s insult not protected by free speech; Former Point Lay school principal R. Brett Stirling was fired in 2022 for incompetence but challenged that decision”: James Brooks of Alaska Beacon has this report on a ruling that the Supreme Court of Alaska issued Friday.

Posted at 9:52 PM by Howard Bashman



“With Deportations, Trump Steps Closer to Showdown With Judicial Branch; ‘Oopsie . . . Too late,’ El Salvador’s president said, mocking a court order that deportation flights to his country turn back to the United States; Top administration officials thanked him”: Mattathias Schwartz of The New York Times has this report.

Posted at 9:46 PM by Howard Bashman



“Change the channel from Trump to the WI Supreme Court race. You can’t miss it. This race will determine the ideological balance of Wisconsin’s highest court and decide issues like abortion access, voting rights, and the state’s congressional maps.” Columnist Kristin Brey has this essay online at The Milwaukee Journal Sentinel.

Posted at 9:36 PM by Howard Bashman



“A still-unresolved North Carolina court election is back before judges next week”: Gary D. Robertson of The Associated Press has this report.

Posted at 9:33 PM by Howard Bashman



“Trump administration ramps up rhetoric targeting the courts amid mounting legal setbacks”: Nick Riccardi of The Associated Press has this report.

Posted at 9:32 PM by Howard Bashman



“Louisiana’s nitrogen gas execution back on for next week, federal appeals court rules”: Andrea Gallo, Meghan Friedmann, John Simerman, and Joseph Cranney of The Times-Picayune of New Orleans has this report.

And Greg LaRose of Louisiana Illuminator reports that “5th Circuit Court gives go-ahead for Louisiana’s first nitrogen gas execution; Jessie Hoffman is scheduled to die Tuesday for the 1996 kidnapping, rape and murder of Mary ‘Molly’ Elliot in St. Tammany Parish.”

You can access Friday’s ruling of a divided three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:25 PM by Howard Bashman