How Appealing



Wednesday, May 14, 2025

“150. The State of Play in the Alien Enemy Act Litigation: A series of outwardly inconsistent developments in different courts in the Alien Enemy Act cases underscores the difficulties that litigants challenging Trump policies face without nationwide relief.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 2:44 PM by Howard Bashman



Tuesday, May 13, 2025

“Remembering David Souter: Recollections of a true gentleman.” Mark Movsesian has this post at “The Volokh Conspiracy.”

Posted at 10:12 PM by Howard Bashman



“His great-grandfather enshrined birthright citizenship. Norman Wong is trying to save it. Wong has assumed the role of living testament to the multigenerational fight for American citizenship at a time when fundamental values are again under threat.” David Nakamura of The Washington Post has this report.

Posted at 10:05 PM by Howard Bashman



“Boy Scouts Beat Bankruptcy Plan Appeal Over Liability Shield; Boy Scouts’ historic abuse settlement survives court appeal; Controversial bankruptcy plan unaffected by Purdue case”: Alex Wolf of Bloomberg Law has this report.

And Alexandra Jones of Courthouse News Service reports that “Third Circuit rejects sex abuse victims appeal of Boy Scouts bankruptcy deal; Lamenting that no amount of money could ever outweigh ‘the abuse claimants have suffered,’ the court shot down the appeal of a small fraction of sexual abuse victims who appealed the plan’s terms.”

You can access today’s ruling of the U.S. Court of Appeals for the Third Circuit at this link.

Posted at 9:52 PM by Howard Bashman



“Trump’s Habeas Corpus Threat: No president, even Lincoln, has ever suspended the writ without Congress.” Columnist William A. Galston will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 9:40 PM by Howard Bashman



“Trump’s First Judicial Nomination Would Replace a Union-Side Labor Lawyer with a Baby Alito; That ‘deal’ Senate Democrats made during the lame-duck session is looking worse by the day”: Jenny Hunter has this essay online at Balls and Strikes.

Posted at 3:10 PM by Howard Bashman



“The Universal Injunction Cases, Part 4: The Court’s Options.” Samuel Bray has this post at the “Divided Argument” Substack site.

Posted at 3:03 PM by Howard Bashman



“The Next Phase of Trump’s Retribution: What the replacement of Ed Martin, who punished his own prosecutors for bringing cases against January 6th rioters, signals about the President’s signature campaign promise.” Antonia Hitchens has this post online at The New Yorker.

And Justin Wise of Bloomberg Law reports that “Ed Martin Takes DOJ Pardon Job as Trump Upends Clemency Process; New role combines Trump pardon, ‘weaponization’ priorities; Takes new job as clemency applications spike under Trump.”

Posted at 2:58 PM by Howard Bashman



“The Astonishing Threat to Suspend Habeas Corpus: The Trump Administration is stepping up its war on the rule of law; Is this bluster aimed at intimidating judges, or the start of something worse?” Ruth Marcus has this essay online at The New Yorker.

Posted at 2:46 PM by Howard Bashman



“Judiciary officials cite threats against judges as they make case to Congress for more security funding; The U.S. Judicial Conference is set to ask lawmakers to hike spending nearly 20% for programs to counter the rising risks facing federal judges and courthouses”: Benjamin S. Weiss of Courthouse News Service has this report.

And Suzanne Monyak of Bloomberg Law reports that “US Marshals’ Duty to Protect Judges Faces Test in Trump DOJ; Marshals in Justice Department with mission to protect courts; Conflict fears raised amid concern over DOJ politicization.”

Posted at 2:33 PM by Howard Bashman



“Trump grows impatient with Supreme Court delay on deportations; The Trump administration claimed that almost 200 migrants would have been deported if not for the Supreme Court’s delay”: Kelsey Reichmann of Courthouse News Service has this report.

Abbie VanSickle of The New York Times reports that “Trump Administration Asks Supreme Court to Allow Venezuelan Deportations to Resume; The solicitor general contended that a group of migrants had barricaded themselves inside a Texas detention center and threatened to take hostages.”

And Laura Romero of ABC News reports that “Trump administration asks SCOTUS for permission to deport nearly 200 Venezuelan migrants; The solicitor general called the migrants ‘especially dangerous to maintain.’

You can access the federal government’s filing at this link.

Posted at 11:23 AM by Howard Bashman



“Substack Live with Leah Litman, Author of ‘Lawless’”: Steve Vladeck has posted this video at his “One First” Substack site.

Posted at 11:09 AM by Howard Bashman



“SCOTUS, Meet The Broligarchs: Kara Swisher with the briefing constitutional lawyers need to understand big tech’s federal government takeover.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:05 AM by Howard Bashman



“How much will Trump’s second-term judicial appointments shift court balance?” Russell Wheeler has this post online at the Brookings Institution.

Posted at 11:03 AM by Howard Bashman



Monday, May 12, 2025

“The Deadly Business of Health Insurance; Shareholders blame UnitedHealth for its CEO’s murder”: Reynolds Holding has this post at his “Better Judgment” Substack site.

Posted at 10:02 PM by Howard Bashman



“Trolling About Habeas Corpus; On the aims of disruption through provocation”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 9:50 PM by Howard Bashman



“Southwest lawyers don’t need ‘religious liberty training,’ US appeals court says”: Daniel Wiessner of Reuters recently had this report.

And Patrick Dorrian of Bloomberg Law recently reported that “Southwest Lawyer Training Nixed, Religious Bias Loss Upheld; Fifth Circuit partly affirms Christian worker’s jury win; Overturns order sending airline lawyers for religious training.”

You can access last Thursday’s ruling of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 9:30 PM by Howard Bashman



“Friend of Hillary Clinton Tries to Stop Kavanaugh Confirmation to D.C. Circuit; Hijinks at the American Bar Association”: Ed Whelan recently had this post at his “Confirmation Tales” Substack site.

Posted at 9:10 PM by Howard Bashman



“Judicial Notice (05.12.25): Checks And Balances; The passing of Justice Souter, the nixing of a controversial nomination, the departure of a $15 million partner, and a talent ‘exodus’ from a storied firm.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 9:06 PM by Howard Bashman



“A Warning From Justice Souter: Democracy Is in Peril; Justice David H. Souter, who died last week, said in 2012 that public ignorance of the Constitution could lead to the rise of an autocrat and the death of democracy.” Adam Liptak has this new installment of his “Sidebar” column online at The New York Times.

Posted at 9:03 PM by Howard Bashman



“Fake pizza orders sent to judges seen as threat to judicial safety; Amid legal challenges to the Trump administration, judges in at least seven states say they have received anonymous pizza deliveries seen as threats”: Derek Hawkins of The Washington Post has this report.

Posted at 8:54 PM by Howard Bashman



Sunday, May 11, 2025

“David Souter Set an Example for the Supreme Court; A former clerk of the justice writes that his career stands as a model for the court to emulate to survive the dangers it is facing”: Law professor Noah Feldman has this essay online at Bloomberg Opinion.

Posted at 10:58 AM by Howard Bashman



“Judges warn Trump’s mass deportations could lay groundwork to ensnare Americans; Judges across the country continue to note that if courts don’t protect the rights of the least popular and most vulnerable, everyone is at risk”: Kyle Cheney of Politico has this report.

Posted at 10:55 AM by Howard Bashman