How Appealing



Tuesday, September 2, 2025

“175. Tariffs, TPS, and the OT2025 Trump Docket; Two appellate rulings from opposite ends of the country on Friday illustrate how much the Court’s new term is going to be dominated by Trump cases — even ones in which the Court has already intervened.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 7:40 PM by Howard Bashman



“Donna Adelson defense casts suspicion on Charlie, Wendi as they seek trial dismissal”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 3:24 PM by Howard Bashman



“A DOJ lawyer accused Harvard of ‘indifference to antisemitism.’ As a Harvard undergrad he wrote a paper from Hitler’s perspective.” Hilary Burns and Tal Kopan of The Boston Globe have this report.

Posted at 1:04 PM by Howard Bashman



“Cass Sunstein on What Lefty College Kids Get Wrong, the Dangers of Trump and His Own Regrets; In a new book, the longtime legal scholar offers a defense of liberalism from its critics on both the right and the left”: Ankush Khardori has this “Q&A” online at Politico Magazine.

Posted at 11:50 AM by Howard Bashman



“Congress hankers for closure in funding war with Trump. SCOTUS is slow to deliver. The Supreme Court may not rule on the legality of the Trump administration’s refusal to spend federal cash until next year — if at all.” Jennifer Scholtes and Kyle Cheney of Politico have this report.

Posted at 10:36 AM by Howard Bashman



“Justice Amy Coney Barrett defends overturning Roe v. Wade and reveals Supreme Court dynamics in new book”: Joan Biskupic of CNN has this report.

Posted at 10:02 AM by Howard Bashman



“White House Counsel Eases Trump’s Path on Aggressive Agenda; David Warrington, the top lawyer inside the West Wing, focuses on ‘the art of the possible,’ as one Trump adviser said”: Maggie Haberman, Charlie Savage, and Jonathan Swan of The New York Times have this report.

Posted at 10:00 AM by Howard Bashman



“Donna Adelson trial live updates: Defense calling its first witnesses on Day 10.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 9:52 AM by Howard Bashman



Monday, September 1, 2025

“Judicial Notice (09.01.25): (Not) Indicting A Ham Sandwich; A Trump appointee benchslaps the Trump administration, the Federal Circuit tosses Trump’s tariffs (mostly), and Davis Polk and Cooley make big hires.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 5:48 PM by Howard Bashman



“The Supreme Court has expanded Trump’s power. He’s seeking much more. The president’s firing of Federal Reserve governor Lisa Cook and other cases could serve as major tests of how far the high court is willing to go.” Justin Jouvenal of The Washington Post has this report.

Posted at 1:22 PM by Howard Bashman



“He Burned a Flag and Won an American Right. He Worries It’s at Risk. The Supreme Court ruled in 1989 that burning an American flag is speech protected by the First Amendment. President Trump says it should be punished.” Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 1:02 PM by Howard Bashman



Sunday, August 31, 2025

“Trump Tariff Case Ups Ante at Supreme Court; The justices will be forced to confront one of Trump’s boldest claims of presidential power”: Jess Bravin of The Wall Street Journal has this report.

Posted at 2:22 PM by Howard Bashman



Saturday, August 30, 2025

“Is The National Guard Coming To Your City? The legal loopholes that enabled Trump to call in the troops, and what can stop him.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 8:30 PM by Howard Bashman



“Ruling on Trump’s tariffs is a major setback for the White House; An appellate court ruling could stymie the import taxes that Trump has used to raise revenue, negotiate with foreign leaders and even head off global conflicts”: Jacob Bogage and Emily Davies of The Washington Post have this report.

Posted at 8:27 PM by Howard Bashman



“DOJ reassigned top attorneys. They quit after feeling sidelined. People familiar with the Sanctuary Cities Enforcement working group say members were assigned menial busy work, and their impression was that the real goal was to force senior career lawyers to resign.” Perry Stein of The Washington Post has this report.

Posted at 8:25 PM by Howard Bashman



“Why Gould is my pick for NH Supreme Court”: New Hampshire Governor Kelly Ayotte has this essay online at The New Hampshire Union Leader.

Posted at 1:30 PM by Howard Bashman



“What Ghislaine Maxwell Told the Justice Department: Listening to the convicted sex offender’s lengthy interview reveals that she and her interviewer had one goal — to satisfy Donald Trump.” Ruth Marcus has this essay online at The New Yorker.

Posted at 1:22 PM by Howard Bashman



“The Cracks in America’s Rule of Law Are Getting Deeper; Court battles over the administration’s sweeping use of executive power are exposing limits on how much judges can constrain the presidency”: Greg Stohr of Bloomberg News has this report.

Posted at 1:15 PM by Howard Bashman



“A grand piano and $10K for false testimony? Jailhouse snitches turn on Donna Adelson.” Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:11 PM by Howard Bashman



Friday, August 29, 2025

“Trump’s Sweeping Tariffs Invalidated by Appeals Court; The decision is a big blow to President Trump’s trade policies, but the judges left the duties in place for now to allow time for a likely appeal to the Supreme Court”: Tony Romm of The New York Times has this report.

Rachel Lerman and David J. Lynch of The Washington Post report that “Appeals court strikes down Trump’s tariffs as illegal but leaves them in place; Trump’s cornerstone economic policy faced yet another challenge as a federal appeals court ruled he did not have the authority to impose the levies.”

Louise Radnofsky, Jess Bravin, and Gavin Bade of The Wall Street Journal report that “Appeals Court Rejects Trump’s Global Tariffs; Decision delivers blow to central prong of president’s economic agenda; levies will remain in place pending further proceedings.”

Joey Garrison and Maureen Groppe of USA Today report that “Most Trump tariffs are illegal, appeals court rules, setting up Supreme Court showdown; The court allowed the tariffs to remain in place through Oct. 14 to give the Trump administration a chance to file an appeal to the Supreme Court.”

And Tom Howell Jr. of The Washington Times reports that “Appeals court strikes down Trump’s tariff power in major decision; Trump to appeal to Supreme Court.”

Posted at 8:31 PM by Howard Bashman



“Donna Adelson trial recap: ‘Jailhouse snitches’ testify; state rests its case.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 8:02 PM by Howard Bashman



“Emil Bove Continued to Work at Justice Dept. After Judicial Confirmation; The code of conduct for federal judges does not appear to apply to Mr. Bove, who has yet to be sworn in; But his continued presence at the department has raised eyebrows”: Devlin Barrett of The New York Times has this report.

Bove’s Federal Judicial Center biography states that he received his judicial commission on August 20, 2025 but has “not yet assumed office.” And he does not yet appear as a judge on the Third Circuit’s website.

Posted at 6:02 PM by Howard Bashman



“Conservative Wisconsin Supreme Court Justice Rebecca Bradley will not seek reelection”: Mary Spicuzza and Daniel Bice of The Milwaukee Journal Sentinel have this report.

Posted at 4:02 PM by Howard Bashman



“Donna Adelson trial live updates: Wiretap capturing plans to go to Vietnam plays in court.” Elena Barrera of The Tallahassee Democrat has this report.

Posted at 12:10 PM by Howard Bashman



Thursday, August 28, 2025

“With Louisiana Essentially Flipping Sides in Callais Case Before Supreme Court and Arguing Section 2 of the Voting Rights Act is Unconstitutional, Full Defense Shifts to Voting Rights Groups”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 7:58 PM by Howard Bashman



“What *are* the legal questions at issue in Trump’s purported removal of Lisa Cook from the Federal Reserve Board?” Marty Lederman has this post at the “Balkinization” blog.

Posted at 7:55 PM by Howard Bashman