“As Trump pushes the limits of presidential power, the courts push back”: Chris Megerian and Lindsay Whitehurst of The Associated Press have this report.
Posted at 9:58 AM by Howard Bashman
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![]() Friday, February 7, 2025
“As Trump pushes the limits of presidential power, the courts push back”: Chris Megerian and Lindsay Whitehurst of The Associated Press have this report. Posted at 9:58 AM by Howard Bashman“Wake court to hear arguments in GOP challenge of 65,000 votes in NC Supreme Court election”: Kyle Ingram of The News & Observer of Raleigh, North Carolina has this report. The Carolina Journal reports that “Riggs, elections board signal plans to take ballot dispute back to federal court.” And in commentary, at NC Newsline, Gunther Peck has an essay titled “Documenting the damage of Judge Jefferson Griffin’s Supreme Court election challenge; Research shows that numerous young voters fully complied with voter registration laws.” Posted at 9:56 AM by Howard Bashman“Trump administration signals pivots in pending Supreme Court cases; It was once rare for an administration to change its legal position in cases before the high court; Trump did so in his first term and has signaled his intent to do it again”: Ann E. Marimow of The Washington Post has this report. Posted at 9:51 AM by Howard BashmanThursday, February 6, 2025
“This time, the anti-Trump resistance is in the courts, not in the streets; As the president issues orders that critics say disregard the law, a haphazard group of opponents is filing lawsuits — and it’s starting to work”: Naftali Bendavid of The Washington Post has this report. And in commentary, online at The Washington Post, columnist Ruth Marcus has an essay titled “Can the courts — can anyone — stop Trump? Despite my expectation of mixed success in legal battles with the president, there are reasons for tempered optimism here.” Posted at 9:24 PM by Howard Bashman“Federal Judge Deals Another Blow to Trump’s Birthright Citizenship Order; The injunction issued Thursday by a judge in Seattle came a day after another injunction stemming from a lawsuit in Maryland”: Jacey Fortin of The New York Times has this report. And David Nakamura of The Washington Post has an article headlined “Federal judge: Trump ignoring rule of law for ‘political or personal gain’; U.S. District Judge John C. Coughenour made his criticisms while issuing a nationwide injunction on the president’s effort to curb birthright citizenship.” Posted at 9:21 PM by Howard Bashman“Trump Is Testing Our Constitutional System. It’s Doing Fine. The president’s flurry of illegal actions have been stopped by the courts. That’s how it is supposed to work.” Law professor Noah Feldman has this essay online at Bloomberg Opinion. And, in response, online at Balls and Strikes, Jay Willis has an essay titled “Our Constitutional System Cannot Be ‘Fine’ When It Is Also On Fire; The possibility that a judge might someday declare Trump’s actions illegal does nothing to stop the pain and suffering that the legal system allows Trump to inflict in the meantime.” Posted at 9:18 PM by Howard Bashman“Suit Over Firing by Trump Could Pave Way for Broader Presidential Power; If the case reaches the Supreme Court, its conservative majority will be receptive to Donald J. Trump’s argument that presidents have unlimited power to remove members of independent agencies”: Adam Liptak of The New York Times has this report. And at their “Executive Functions” Substack site, Bob Bauer and Jack Goldsmith have a post titled “The Trump Executive Orders as ‘Radical Constitutionalism’; Much more than ‘test cases’ may be at stake in Trump’s aggressive claims of presidential authority.” Posted at 9:05 PM by Howard Bashman“At the Supreme Court, at the White House and at his house, Clarence Thomas is the go-to justice to swear in Trump’s Cabinet”: Joan Biskupic and Jeff Zeleny of CNN have this report. Posted at 8:33 PM by Howard BashmanWednesday, February 5, 2025
“The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases”: Marty Lederman has this post at the “Just Security” blog. Posted at 9:45 PM by Howard Bashman“Senate Democrats Still Haven’t Learned What Mitch McConnell Always Knew; In a recent interview, the longtime Senate Republican leader reflects on how he used his power to build a judiciary that would further the conservative agenda”: Madiba K. Dennie has this essay online at Balls and Strikes. Posted at 9:38 PM by Howard Bashman“Trump’s Lightning-Speed Rollback of Transgender Rights Sparks Lawsuits; New stances on military service, medical care and school sports teams set up court battles”: Mariah Timms and Laura Kusisto of The Wall Street Journal have this report. Posted at 9:35 PM by Howard Bashman“Eighteen ‘Pro-Life’ States Demand the Freedom to Persecute American Babies”: Mark Joseph Stern has this Jurisprudence essay online at Slate. Posted at 9:32 PM by Howard Bashman“Fired NLRB Member Sues Trump, Setting Up Clash Over Presidential Power; The dismissal tests limits on president’s ability to remove members of independent agencies”: Erin Mulvaney and Jess Bravin of The Wall Street Journal have this report. Posted at 9:30 PM by Howard Bashman“Lawyer who backed Trump on Jan. 6 helped push birthright citizenship ban; John C. Eastman is among the most prominent voices who helped propel the idea of curbing automatic citizenship into President Donald Trump’s orbit”: David Nakamura of The Washington Post has this report. Posted at 9:28 PM by Howard Bashman“Louisiana’s Prosecution of a New York Abortion Provider Will Test the Entire Country”: Law professor Mary Ziegler has this Jurisprudence essay online at Slate. Posted at 9:14 PM by Howard Bashman“Trump Brazenly Defies Laws in Escalating Executive Power Grab; In the radical opening weeks of his second term, President Trump has appeared to feel little constraint by any need to show respect for the rule of law”: Charlie Savage of The New York Times has this news analysis. Posted at 9:10 PM by Howard Bashman“Delaware Supreme Court eases path for some companies to leave state”: Jonathan Stempel of Reuters has this report on a ruling that the Supreme Court of Delaware issued Tuesday. Posted at 8:53 PM by Howard Bashman“Is Colorado’s Supreme Court about to hold oral arguments in secret? The parties to a civil case are asking the court to seal its courtroom next week, but the justices have signaled their discomfort with that request.” Michael Karlik of Colorado Politics has this report. Posted at 8:46 PM by Howard Bashman“Indicted Poker-Playing Lawyer Tom Goldstein Says He is More Than $3.3M in Debt”: Connor Richards of PokerNews has this report. And John Woolley of Bloomberg Law reports that “SCOTUSblog’s Tom Goldstein Fights Release Terms for Tax Charges; Magistrate judge order limits choice of attorney, motion says; US accused Goldstein of misusing his law firm to evade taxes.” You can view the defendant’s motion at this link. Posted at 8:36 PM by Howard BashmanTuesday, February 4, 2025
“‘Diminishing Returns’: Is the Superstar Supreme Court Lawyer Overvalued? From ‘rookies’ to ‘superstars,’ a new draft study looking at the win rates of Supreme Court advocates based on their experience uncovers some surprising results.” Jimmy Hoover of The National Law Journal has this report. Posted at 8:53 PM by Howard Bashman“Why the Supreme Court may be open to Trump’s push for expanded power: The Trump administration and the high court subscribe to a legal theory that grants extraordinary power to the president.” Justin Jouvenal of The Washington Post has this report. Posted at 8:42 PM by Howard Bashman“Federal Ruling Says State Courts Should Decide North Carolina Election Case; Three counts found an incumbent Democrat won a State Supreme Court race; But the Republican candidate is trying to nullify more than 60,000 votes”: Eduardo Medina of The New York Times has this report. And Kyle Ingram of The News & Observer of Raleigh, North Carolina reports that “Federal judges rule on which court should hear NC GOP challenge of 65,000 votes.” You can access today’s unanimous, unpublished, per curiam ruling of the U.S. Court of Appeals for the Fourth Circuit at this link. Posted at 8:40 PM by Howard BashmanMonday, February 3, 2025
“Under Trump, conservatives reignite a battle over race and the Constitution; Trump’s anti-DEI push is part of a war over the meaning of the Constitution’s ‘equal protection’ guarantee, which dates to the post-Civil War Reconstruction era”: Lawrence Hurley of NBC News has this report. Posted at 9:37 PM by Howard Bashman“U.S. Trustee, Insurers, Object to J&J’s $10B Talc Bankruptcy Plan; Objections to Johnson & Johnson’s talc bankruptcy plan cite the U.S. Supreme Court’s decision last year invalidating nonconsensual releases in Purdue Pharma’s $6 billion opioid settlement”: Amanda Bronstad has this report online at Texas Lawyer. Posted at 9:34 PM by Howard Bashman“The Case Against Birthright Citizenship; Trump’s executive order stands on a firmer footing than its vocal critics acknowledge”: Law professor Richard Epstein has this post at Civitas Outlook. Posted at 9:32 PM by Howard Bashman“Trans Surgery Case Will Test Scope of Workplace Anti-Bias Law; Bostock limited to hiring, firing decisions, defendants say; Courts have long recognized law’s application to benefits”: Mary Anne Pazanowski of Bloomberg Law has this report. Posted at 9:28 PM by Howard Bashman“Prosecutors push for a jury trial as state Supreme Court justice asks judge to dismiss criminal case”: Todd Bookman of New Hampshire Public Radio has this report. Posted at 9:26 PM by Howard Bashman“Maryland Supreme Court finds Child Victims Act of 2023 constitutional”: Tim Prudente and Dylan Segelbaum of The Baltimore Banner have this report. You can access today’s 4-to-3 ruling of the Supreme Court of Maryland at this link. And Virginia Bridges and Cathy Clabby of The News & Observer of Raleigh, North Carolina report that “NC Supreme Court upholds child sexual abuse survivors’ right to sue years later.” You can access last Friday’s rulings of the Supreme Court of North Carolina via this link. Posted at 9:24 PM by Howard Bashman“Cade Cole becomes Louisiana’s newest Supreme Court justice without opposition”: Julie O’Donoghue of Louisiana Illuminator has this report. Posted at 9:15 PM by Howard Bashman“Supreme Court case shakes Idaho ski areas by overturning decades of liability precedent; Idaho Supreme Court is set to hear arguments this month on possibly reconsidering its unanimous ruling”: Betsy Z. Russell of Idaho Capital Sun has this report. Posted at 9:14 PM by Howard Bashman“The Roberts court and the imperial presidency: The Supreme Court isn’t done arguing over whether President Donald Trump is a king above the law.” Kelsey Reichmann of Courthouse News Service has this report. Posted at 9:12 PM by Howard Bashman“How Donald Trump Is Transforming Executive Power: A flurry of seemingly illegal orders and firings could tee up the Supreme Court to cement a vast expansion of Presidential authority.” Isaac Chotiner has this “Q. & A.” with law professor Jack Goldsmith online at The New Yorker. Posted at 9:10 PM by Howard Bashman“Maria Elena Cruz sworn in, becomes newest Arizona Supreme Court justice”: Stacey Barchenger of The Arizona Republic has this report. Posted at 9:04 PM by Howard Bashman“Wyoming tells state supreme court to restrict abortion access”: Hanna Merzbach of Wyoming Public Radio has this report. Posted at 9:03 PM by Howard Bashman“University of California Schools Illegally Used Racial Preferences in Admissions, Lawsuit Alleges; The suit comes on the heels of Trump’s bid to dismantle diversity efforts in the federal government”: Douglas Belkin of The Wall Street Journal has this report. Anemona Hartocollis of The New York Times reports that “The University of California Increased Diversity; Now It’s Being Sued; The state’s elite campuses, prohibited from using race-based admissions for decades, are now admitting more Black and Hispanic students; A new group is suing, arguing the university system is cheating.” And Susan Svrluga of The Washington Post reports that “University of California sued for discrimination against Whites, Asians; Lawsuit alleges that UC schools show preference to Hispanic and Black applicants, and seeks to stop the schools from asking about race during admissions process.” Posted at 8:20 PM by Howard Bashman |
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