How Appealing



Tuesday, August 19, 2025

“Rebecca Taibleson to the Seventh Circuit; Trump’s latest choice is a Scalia clerk who vouched for Kavanaugh”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:42 PM by Howard Bashman



“RIP DOE: How to make better decisions.” Adam Unikowsky has this post at his Substack site, “Adam’s Legal Newsletter.”

Posted at 4:35 PM by Howard Bashman



“Jury selection begins in Donna Adelson trial after Dan Markel murder”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 11:56 AM by Howard Bashman



Monday, August 18, 2025

“Court Split Leaves Trump’s Civil Fraud Appeal Stuck in Slow Lane; New York court typically moves fast but it has been nearly year since it heard president’s arguments”: Corinne Ramey of The Wall Street Journal has this report.

Posted at 8:48 PM by Howard Bashman



“Manhattan Judges Approve Trump’s Choice for U.S. Attorney; Jay Clayton, whose Senate confirmation was stalled, could serve for the rest of the Trump presidency; He faced criticism after a prosecutor in his office was fired by the administration”: Benjamin Weiser of The New York Times has this report.

And Shayna Jacobs of The Washington Post reports that “Trump pick Jay Clayton appointed as permanent Manhattan U.S. attorney; The former SEC chairman will stay on to oversee what is considered the nation’s most prestigious and influential federal prosecutor’s office.”

Posted at 8:34 PM by Howard Bashman



“The Supreme Court Could Supercharge the GOP’s Redistricting Power Grab”: Nia Prater has this interview of law professor Rick Hasen online at “The Intelligencer” blog of New York magazine.

Posted at 1:52 PM by Howard Bashman



“Justice Bradley has taken $52K in judicial junkets to resorts in Hawaii, Alaska and Florida”: Daniel Bice of The Milwaukee Journal Sentinel has this report.

Posted at 1:46 PM by Howard Bashman



“As jury selection looms, high-stakes showdown arises in Donna Adelson murder case”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 1:44 PM by Howard Bashman



“Taking Stock of the Birthright Citizenship Cases, Part II: Making Sense of the Three Established Exceptions.” Marty Lederman has this post at the “Just Security” blog.

Posted at 1:42 PM by Howard Bashman



“Britain’s first transgender judge takes UK to European court over Supreme Court ruling on biological sex; Lawyers acting on behalf of Dr McCloud have filed their appeal in the European Court of Human Rights”: Millie Cooke of The Independent (UK) has this report.

Posted at 1:32 PM by Howard Bashman



“Marco Rubio Once Filed a Brief Embracing Birthright Citizenship; Rubio, a son of immigrants and now secretary of state, was responding to a 2016 lawsuit questioning his eligibility for the presidency”: Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 1:27 PM by Howard Bashman



“When Trump Hits New Jersey, This Lawyer Hits Back; New Jersey’s attorney general shares the playbook for defending states against Trump”: You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:14 AM by Howard Bashman



“Judicial Notice (08.17.25): Maybe Happy Ending; Circuit judges trading benchslaps, the return of Kim Davis, a rescuer for a troubled firm, and a billion-dollar transaction involving . . . tighty whities?” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 11:12 AM by Howard Bashman



“173. Justice Kavanaugh and the Equities: Thursday’s ruling in the NetChoice case appears to suggest that one of the key justices is either being inconsistent or completely hypocritical in how he is voting on emergency applications.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 11:11 AM by Howard Bashman



“Pam Bondi’s Power Play: Donald Trump now has the Attorney General he always wanted — an ally willing to harness the law to enable his agenda.” Ruth Marcus has this article in the August 25, 2025 issue of The New Yorker.

Posted at 11:08 AM by Howard Bashman



“On trial: Who is Donna Adelson, matriarch of family implicated in Dan Markel murder?” C.A. Bridges of The Tallahassee Democrat has this report.

Posted at 11:06 AM by Howard Bashman



Sunday, August 17, 2025

“Courtroom ‘mud fight’ ahead as Donna Adelson goes on trial in notorious Dan Markel murder”: Jeff Burlew of The Tallahassee Democrat has this report.

Posted at 9:33 PM by Howard Bashman



“How the Supreme Court could wind up scrapping high-profile precedents in coming months”: John Fritze of CNN has this report.

Posted at 9:32 PM by Howard Bashman



Friday, August 15, 2025

“Appeals Court Paves Way for Mass Layoffs at C.F.P.B.; In a 2-to-1 ruling, a federal appeals court said a lower court could not block the Trump administration’s plans to reduce the Consumer Financial Protection Bureau’s staff by nearly 90 percent”: Karoun Demirjian of The New York Times has this report.

And Ryan Knappenberger of Courthouse News Service reports that “DC Circuit clears Trump to gut consumer watchdog agency; Two Donald Trump appointees found the Merit Systems Protection Board could hear the employees’ claims.”

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

Posted at 10:00 PM by Howard Bashman



“Is Trump jeopardizing an opportunity to remake the judiciary?” Russell Wheeler has this essay online at The Brookings Institution.

Posted at 9:45 PM by Howard Bashman



“Ex-public defender loses appeal in sexual harassment case against US judiciary”: Nate Raymond of Reuters has this report.

And Sydney Haulenbeek of Courthouse News Service has a report headlined “Panel backs Fourth Circuit process to probe employee harassment; Is the exclusion of judiciary employees from the Civil Rights Act, which prohibits employment discrimination, constitutional? A Fourth Circuit panel declined to decide.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit, in which all three judges were sitting by designation from other circuits, at this link.

Posted at 9:32 PM by Howard Bashman



“US Congress Covid Proxy Vote Was Valid, Appeals Court Finds”: Ryan Autullo and Isaiah Poritz of Bloomberg Law have a report (subscription required for full access) that begins, “Congress lawfully approved a $1.7 trillion spending package during the Covid-19 pandemic despite lacking a physical quorum, a federal appeals court ruled Friday.”

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

Posted at 9:20 PM by Howard Bashman



“Judge plans Wednesday ruling on Alina Habba’s authority as New Jersey’s top prosecutor; Lawyers argued in a Pennsylvania courtroom Friday”: Matt Friedman of Politico has this report.

Dana DiFilippo of New Jersey Monitor reports that “Trump official blames judges for causing ‘constitutional confrontation’ over US attorney post; Several criminal defendants have challenged Alina Habba’s authority to prosecute them.”

And Justin Wise of Bloomberg Law reports that “Judge Questions DOJ’s Process For Appointing Habba US Attorney.”

Posted at 7:48 PM by Howard Bashman



“Scott Bessent’s revealing admission about Trump’s tariffs; The White House’s tariff rationale is in legal trouble; Cue the treasury secretary to float a new argument”: Columnist Jason Willick has this essay online at The Washington Post.

Posted at 4:00 PM by Howard Bashman



“Nonsense and Sense About Supreme Court Interim Orders; Legitimate questions about interim orders are harmed by exaggeration and distortion”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 3:22 PM by Howard Bashman



“Trump’s DOJ Seems Awfully Nervous About the Tariff Lawsuits; A recent filing from the president’s lawyer presents the court with faulty economic calculations, dubious legal theories, and the distinct scent of desperation”: Matt Ford has this essay online at The New Republic.

Posted at 9:06 AM by Howard Bashman



“Boston Marathon bomber seeks full-panel rehearing in fight to remove judge”: Rita Chandler of The Boston Globe has this report.

Posted at 9:02 AM by Howard Bashman