“Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases; The Bruen decision is somehow getting even more embarrassing with time”: Madiba K. Dennie has this essay online at Balls and Strikes.
Posted at 8:56 PM by Howard Bashman|
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Thursday, March 5, 2026
“Supreme Court Continues to Shoot Self In Foot In Second Amendment Cases; The Bruen decision is somehow getting even more embarrassing with time”: Madiba K. Dennie has this essay online at Balls and Strikes. Posted at 8:56 PM by Howard Bashman“Lindsey Halligan Is Under Investigation by the Florida Bar; The actions of Ms. Halligan, who as a U.S. attorney brought criminal cases against President Trump’s enemies, are under review by the organization that licensed her to practice law”: Devlin Barrett and Jonah E. Bromwich of The New York Times have this report. And yesterday, Barrett and Bromwich had a related article headlined “Trump Justice Dept. Seeks to Stall State Bar Discipline of Its Lawyers; The administration has no control over the disciplinary authorities of state bar associations, but a new proposal would let the attorney general ask them to suspend proceedings involving department lawyers.” Posted at 8:18 PM by Howard Bashman“Why Trump First Ended the Law Firm Suits, Then Didn’t; We can’t know for sure, but he ended in a worse place than before”: Bob Bauer has this post at the “Executive Functions” Substack site. Posted at 8:15 PM by Howard Bashman“This OLC Opinion Is ‘Bullshit’; When lawyers are motivated to ‘get to yes,’ their work is prone to bullshit (in the technical sense); And this OLC opinion is full of it”: Dan Maurer has this post at the “Lawfare” blog. Posted at 7:54 PM by Howard Bashman“The Supreme Court makes a common-sense decision on parental rights in California; The government of California doesn’t supersede parental rights; Even at school”: Erin Morrow Hawley has this essay online at The Washington Post. Posted at 7:53 PM by Howard Bashman“The End of Limits on a President’s Wars; Past conflicts eroded Congress’s ability to decide when to go to war; Donald Trump’s attack on Iran destroyed it”: Ruth Marcus has this essay online at The New Yorker. Also online at The New Yorker, Jill Lepore has an essay titled “Do U.S. Presidents Have the Power to Declare War? On paper, declaring war is reserved for Congress; The Tonkin Gulf Resolution turned a constitutional requirement into a legislative habit of looking away.” Charlie Savage of The New York Times has an Ideas article headlined “How the Decision to Start a War Became the President’s; Presidents have sidestepped Congress to launch limited military strikes for decades; Trump’s decision to attack Iran is an aggressive escalation.” And at the “Lawfare” blog, Scott R. Anderson has a post titled “The Law of Going to War with Iran, Redux; The Trump administration’s attack on Iran pushes even the executive branch’s generous understandings of the President’s legal authority to their limits.” Posted at 7:48 PM by Howard Bashman“He Didn’t Kill Anyone. Alabama Is About to Execute Him Anyway.” Elizabeth Vartkessian has this guest essay online at The New York Times. Posted at 7:38 PM by Howard Bashman“A Judge’s ‘Battle Royale’ With Trump and the Supreme Court; After repeated but cryptic rebukes from the justices, Judge Brian Murphy last week again ruled against one of the administration’s signature immigration programs”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times. Posted at 3:15 PM by Howard Bashman“An Assertive Supreme Court Turns to Curbing State Courts; Liberal justices accused their colleagues of expanding use of the emergency docket again in two orders issued this week”: Ann E. Marimow of The New York Times has this news analysis. Posted at 3:12 PM by Howard Bashman“Trump Is Playing Rope-a-Dope With Elite Law Firms”: Jeffrey Toobin has this guest essay online at The New York Times. Posted at 3:05 PM by Howard Bashman“‘Facts matter’: Former U.S. Justice Department Special Counsel Jack Smith discussed his Harvard years, his long career as a prosecutor, and his belief in the rule of law.” Colleen Walsh of Harvard Law Today has this report. Harvard Law School has posted on YouTube a video titled “A conversation with Jack Smith ’94.” Posted at 2:33 PM by Howard Bashman“Shedding light on the Supreme Court’s shadow docket; Legal scholars debate whether the surge in emergency orders is merely a response to rising presidential power or a threat to the rule of law”: Rachel Reed of Harvard Law Today has this report. Harvard Law School has posted on YouTube a video titled “Harvard Law School Rappaport Forum: The Supreme Court’s Emergency Orders.” Posted at 2:30 PM by Howard Bashman“States led by New York expected to sue to block Trump’s latest tariffs, calling them an illegal end-run around Supreme Court”: Hugh Son of CNBC has this report. Posted at 12:19 PM by Howard Bashman“Larry Tribe Slams Sotomayor to Obama; ‘Bluntly put, she’s not nearly as smart as she seems to think she is’”: Ed Whelan has this post at his “Confirmation Tales” Substack site. Posted at 8:56 AM by Howard Bashman“Bonus 214: Emergency Relief from State Courts; At a moment in which the Supreme Court’s emergency docket is *already* busier than ever, Monday’s stay grant in the Malliotakis case wrongly expands it to encompass countless state-court rulings, too.” Steve Vladeck has this post at his “One First” Substack site. Posted at 8:55 AM by Howard BashmanWednesday, March 4, 2026
“Justice Dept., Under Pressure From Trump, Fails to Build Autopen Case Against Biden; Prosecutors in the U.S. attorney’s office in Washington were unable to build a case, underscoring the department’s increasing inability to follow through on the president’s desire to indict his rivals”: Michael S. Schmidt, Devlin Barrett, and Alan Feuer of The New York Times have this report. Update: In other coverage, Ryan J. Reilly and Kyla Guilfoil of NBC News report that “DOJ quietly shelves Biden autopen investigation that Trump demanded; President Donald Trump has repeatedly claimed former President Joe Biden used an autopen without knowing the contents of what he signed.” Posted at 10:02 PM by Howard Bashman“Man held at gunpoint after officers entered wrong home challenges qualified immunity rulings; Tyler Harrington is asking the Fifth Circuit to breathe new life into his civil rights lawsuit after a federal judge found the officers did not act unreasonably”: Christina van Waasbergen of Courthouse News Service has this report. You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link. Posted at 10:00 PM by Howard Bashman“Judge Orders Government to Begin Refunding More Than $130 Billion in Tariffs; More than 2,000 lawsuits have been filed by companies in the court seeking to recoup their money after Supreme Court invalidated tariffs last month”: Lydia Wheeler, James Fanelli, and Louise Radnofsky of The Wall Street Journal have this report. And Tony Romm and Ana Swanson of The New York Times report that “U.S. Court Takes First Steps Toward Ordering Tariff Refunds; The Trump administration is likely to appeal the move, as it ramps up its attempt to slow or potentially block the repayment of billions in past duties.” Posted at 9:55 PM by Howard Bashman“DOJ to appeal judge’s order barring search of Post reporter’s devices; The Justice Department said it plans to appeal a judge’s decision that blocked the government from searching Post reporter Hannah Natanson’s electronic devices”: Perry Stein of The Washington Post has this report. Posted at 9:51 PM by Howard Bashman“Supreme Court Weighs State Tort Liability for Freight Brokers”: Jordan Fischer of Bloomberg Law has this report. And Kelsey Reichmann of Courthouse News Service reports that “Trump crackdown on immigrant truck drivers gets airtime at Supreme Court; Some of the justices’ concerns over state regulations on shipping industry mirrored the White House’s campaign to purge immigrant truckers from America’s highways.” Posted at 8:37 PM by Howard Bashman“The Supreme Court Has a Marijuana Problem”: Law professor Noah Feldman has this essay online at Bloomberg Opinion. Posted at 8:35 PM by Howard Bashman“Supreme Court rules NJ Transit can be sued over injuries in out-of-state courts”: Samuel Chamberlain and Ryan King of The New York Post have this report. David Wildstein of New Jersey Globe reports that “U.S. Supreme Court says N.J. Transit doesn’t get state’s sovereign immunity; Unanimous decision says transit agency can be sued in courts outside New Jersey.” Nikita Biryukov of New Jersey Monitor reports that “NJ Transit not immunized from out-of-state lawsuits, U.S. Supreme Court rules.” Kelsey Reichmann of Courthouse News Service reports that “Supreme Court gives bus victims green light against New Jersey transit; The high court said that if states expected corporate entities like NJ Transit to retain all the privileges of their sovereign protections, they must also assume their liabilities.” And Jordan Fischer of Bloomberg Law reports that “NJ Transit Can Be Sued in Other States, Supreme Court Says.” You can access today’s unanimous decision of the U.S. Supreme Court at this link. Posted at 8:30 PM by Howard Bashman“Justice In Balance: The Courts, Civil Rights, and Our Democracy.” The National Civil Rights Museum has posted this video on YouTube. Posted at 8:10 PM by Howard Bashman“The Tiny Court at the Center of a Massive Scramble to Get Tariff Money Back; The Court of International Trade, a specialty court that settles technical trade disputes, will determine whether and how refunds are issued”: Lydia Wheeler and Louise Radnofsky of The Wall Street Journal have this report. Posted at 4:33 PM by Howard BashmanTuesday, March 3, 2026
“Justice Department Makes Abrupt Reversal on Law Firm Sanctions; Decision comes less than a day after the Trump administration told a court it was dropping appeals of four lower-court losses”: Erin Mulvaney and C. Ryan Barber of The Wall Street Journal have this report. Mark Berman of The Washington Post reports that “Justice Dept. reverses course and seeks to defend orders targeting law firms; The administration had moved to drop its defense of President Donald Trump’s executive orders sanctioning law firms; A day later, it abruptly backpedaled.” Ryan Knappenberger of Courthouse News Service reports that “DOJ reverses course to continue defending law firm sanctions in sudden about-face; In a response to the Justice Department, the four firms said the reversal was unexplained and urged the D.C. Circuit to maintain a Friday briefing deadline.” And in commentary, The Washington Post has published an editorial titled “Hotter heads prevail at Trump’s Justice Department; The administration keeps up its fight to meddle in the business of law firms.” Posted at 9:02 PM by Howard Bashman“Trump Has Been Sued 198 Times for Withholding Funding. It Hasn’t Stopped Him.” Emily Badger and Alicia Parlapiano of The New York Times have this report. Posted at 8:54 PM by Howard Bashman“Justices Signal Openness to Expanding Appeal Waiver Exceptions”: Jordan Fischer of Bloomberg Law has this report. And Kelsey Reichmann of Courthouse News Service reports that “Justices seek escape hatch for far-out criminal sentences under appellate waivers; The justices worried that closing off all expectations to appellate waivers would cement unlawful sentencing decisions and bring the judiciary into disrepute.” Posted at 8:52 PM by Howard Bashman“The Situation: Stand With Anthropic; You might not like the creator of Claude, but its fight with Pete Hegseth is important for the rule of law.” Alan Z. Rozenshtein and Benjamin Wittes have this post at the “Lawfare” blog. Posted at 3:09 PM by Howard Bashman“A Remarkable Reversal In Trump v. Biglaw; The DOJ now seeks to ‘undismiss’ its appeals of rulings against its executive orders targeting law firms — less than 24 hours after moving to dismiss the appeals”: David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 3:06 PM by Howard Bashman“Incumbent SC Supreme Court Justice John Few abruptly withdraws from heated re-election race”: Anna Wilder and Nick Reynolds of The Post and Courier of Charleston, South Carolina have this report. Posted at 1:45 PM by Howard Bashman“Trump Administration, in Apparent Reversal, Tries to Continue Fight Against Law Firms; The administration told a court on Monday that it was abandoning its defense of executive orders targeting the firms; But on Tuesday, the Justice Department appeared to abruptly change its position”: Michael S. Schmidt, Jonah E. Bromwich, and Devlin Barrett of The New York Times have this report. Posted at 12:03 PM by Howard Bashman“Supreme Court denies appeal in AI-generated art case; The high court declined to decide whether an artificial intelligence machine could author a work under copyright law”: Steve Garrison of Courthouse News Service has this report. Posted at 8:53 AM by Howard Bashman“White House faces thousands of lawsuits as it tries to slow-walk tariff refunds; The Trump administration is attempting to delay the process for repaying importers for duties the Supreme Court struck down last month”: Ari Hawkins of Politico has this report. Posted at 8:52 AM by Howard Bashman“Infiltrating the Supreme Court: A roundtable conversation with top Supreme Court reporters on secrecy at the court, the justices’ ethics and how they do their job at a crucial moment.” Ankush Khardori has this essay online at Politico Magazine. Posted at 8:46 AM by Howard Bashman“Nine Law Firms Surrendered. Four Law Firms Won.” The New York Times has published this editorial. Posted at 8:44 AM by Howard Bashman |
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