“The American Bar Association and the Federalist Society: a few thoughts on taking sides.” William Baude has this post at the “Divided Argument” Substack site.
Posted at 8:42 AM by Howard Bashman|
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Tuesday, March 3, 2026
“The American Bar Association and the Federalist Society: a few thoughts on taking sides.” William Baude has this post at the “Divided Argument” Substack site. Posted at 8:42 AM by Howard BashmanMonday, March 2, 2026
“214. The Court’s (Selective) Impatience is a Vice: The only theme uniting Monday night’s twin grants of emergency relief is the Republican appointees’ willingness to upend long-settled limits on the Court’s power when, but only when, they *want* to.” Steve Vladeck has this post at his “One First” Substack site. Posted at 10:14 PM by Howard Bashman“Supreme Court Backs Parents in School Gender Disclosure Fight”: Mark Walsh of Education Week has this report. Posted at 10:10 PM by Howard Bashman“Supreme Court Sides With Religious Parents, Blocking California’s Trans Student Policy; Christian teachers and parents challenged the state’s policies, which they say require schools to hide students’ transgender status from their parents”: Ann E. Marimow of The New York Times has this report. Julian Mark of The Washington Post reports that “Supreme Court sides with parents in legal battle over notification for trans students; At issue is a California law prohibiting school policies that require employees to report students’ sexual orientation and gender identity to parents.” And James Romoser of The Wall Street Journal reports that “Supreme Court Says California Schools Should Notify Parents About Student Gender Changes; Court reinstates judge’s injunction barring schools from using new names, pronouns for students if parents object.” You can access today’s per curiam decision of the U.S. Supreme Court at this link. Posted at 8:50 PM by Howard Bashman“Supreme Court Appears Skeptical of Law Banning Drug Users From Owning Guns; A majority of the justices voiced concerns that the law may be overbroad, lumping together occasional drug users with addicts who threaten public safety”: Abbie VanSickle of The New York Times has this report. Julian Mark of The Washington Post reports that “Supreme Court weighs whether smoking weed can eliminate your right to a gun; The issue before the court is whether the law meets a strict Second Amendment standard that any gun restriction must be consistent with the ‘Nation’s historical tradition.’” And Kelsey Reichmann of Courthouse News Service reports that “Disarming of drug users leaves justices dazed; The Supreme Court’s Second Amendment history test came under fire as the justices struggled to decide whether modern day drug users are the equivalent of founding-era habitual drunkards.” Posted at 8:42 PM by Howard Bashman“Trump Administration Abandons Efforts to Impose Orders on Law Firms; The move amounts to a surrender in a clash that has led many law firms to submit to the president rather than face the threat of his executive orders”: Jonah E. Bromwich and Michael S. Schmidt of The New York Times have this report. And Mark Berman and Perry Stein of The Washington Post report that “Justice Dept. plans to abandon defense of orders targeting law firms; President Donald Trump’s executive orders imposing sanctions on several law firms had been struck down by judges; His administration now plans to abandon its appeals.” Posted at 8:38 PM by Howard Bashman“In Republican Win, Supreme Court Retains G.O.P. District in New York; A Republican congresswoman had asked the justices to preserve her New York City district, despite a lower-court ruling that it illegally diluted the power of minority voters”: Abbie VanSickle and Grace Ashford of The New York Times have this report. Julian Mark and Justin Jouvenal of The Washington Post report that “Supreme Court blocks redrawing of Republican’s district in New York; A state trial court ordered the state to redraw the district to include a greater number of Black and Latino voters.” And at his “Election Law Blog,” Rick Hasen has a post titled “Supreme Court Reverses Lower Court Order That Redrew Congressional Map in Staten Island, with Ominous Implications for Voting Rights Act.” You can access today’s order of the U.S. Supreme Court at this link. Posted at 8:20 PM by Howard Bashman“Trump Administration to Drop Defense of Law Firm Sanctions; Justice Department plans to withdraw appeals defending punitive executive orders issued by the president, people familiar with the matter said”: Erin Mulvaney and C. Ryan Barber of The Wall Street Journal have this report. Posted at 2:34 PM by Howard Bashman“Trump Administration Loses Push to Delay Tariff Refund Fight”: Zoe Tillman of Bloomberg News has this report. You can access today’s en banc order of the U.S. Court of Appeals for the Federal Circuit at this link. Posted at 2:27 PM by Howard Bashman“Scientists Decry ‘Political Attack’ on Reference Manual for Judges; More than two dozen contributors to the manual criticized the deletion of a chapter on climate science by the Federal Judicial Center”: Karen Zraick of The New York Times has this report. Posted at 12:06 PM by Howard Bashman“Supreme Court Will Hear Arguments Over Law Banning Drug Users From Owning Guns; The case involves a Texas man charged after agents found drugs and a gun in his home and tests the constitutionality of the federal law”: Abbie VanSickle of The New York Times has this report, along with an article headlined “Could a Supreme Court Case Help Hunter Biden Get His Law License Back? The former president’s son says he is watching closely as the justices on Monday hear a case testing the constitutionality of the federal gun law used to convict him.” Posted at 10:42 AM by Howard Bashman“The Conservative Push To Weaken Our Democracy”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube. Posted at 10:32 AM by Howard Bashman“George Mason Tops Harvard, Yale as Trump Judge Law School Source”: Suzanne Monyak and Jacqueline Thomsen of Bloomberg Law have this report. Posted at 10:29 AM by Howard Bashman“Decades of Presidents Ignoring the War Powers Act Led Us Here”: Law professor Noah Feldman has this essay online at Bloomberg Opinion. Posted at 10:28 AM by Howard Bashman“Fifth Circuit Liberals Chide Judges’ Critiques of Trial Court”: Jacqueline Thomsen of Bloomberg Law has this report. You can access Friday’s order of the U.S. Court of Appeals for the Fifth Circuit denying rehearing en banc, and the opinions concurring therein and dissenting therefrom, at this link. Posted at 10:25 AM by Howard Bashman“US Supreme Court scrutinizes gun ownership ban for illegal drug users”: John Kruzel of Reuters has this report. Posted at 8:40 AM by Howard Bashman“How Jeffrey Epstein sought to infiltrate the justice system”: Julie K. Brown and Claire Healy of The Miami Herald have this report. Posted at 8:37 AM by Howard Bashman“The Man Who Broke Into Jail: In Nashville, a criminal-justice activist commits a baffling crime.” James Verini has this article in the March 9, 2026 issue of The New Yorker. Posted at 8:35 AM by Howard Bashman“Yes, Supreme Court Decisions Really Matter. No, that doesn’t mean the wizards in robes are doing magic. The former Solicitor General of the United States puts the tariffs case in its legal realism context.” You can access the new episode of Slate’s “Amicus” podcast via this link. Posted at 8:32 AM by Howard BashmanAccess online the jury notes and the federal district court’s responses thereto in United States v. Thomas C. Goldstein: At this link. Posted at 8:30 AM by Howard BashmanSunday, March 1, 2026
“Judicial Notice (03.01.26): Bluff Called; Tom Goldstein goes all in, Judge Cannon returns to the table, Netflix folds its hand, and Susman Godfrey scoops the pot.” David Lat has this post at his “Original Jurisdiction” Substack site. Posted at 9:50 PM by Howard Bashman“Can you have a gun if you smoke a lot of pot? Supreme Court to decide.” Maureen Groppe of USA Today has this report. And in commentary, The Wall Street Journal has published an editorial titled “Gun Rights for Potheads? Ask the Supreme Court. Are drug users similar to ‘drunkards’ under the Second Amendment?“ Posted at 9:02 PM by Howard Bashman“China emerges as big winner from Supreme Court’s tariff ruling; The court ruled just weeks before Trump’s coming trip to China, where he hopes to maintain a delicate trade truce with the world’s second-biggest economy”: Jennifer Jett of NBC News has this report. Posted at 8:36 PM by Howard Bashman“People under 21 can’t have a handgun license in Massachusetts. A push to change that is now before the state’s highest court.” Sean Cotter of The Boston Globe has this report. Posted at 8:32 PM by Howard Bashman“Trump’s Unilateral Attack on Iran Paves Way for Broader Dispute Over War Powers; Critics say the president is violating the Constitution, and many Democrats and at least two Republicans in Congress say they must vote on whether to enter such a conflict”: Charlie Savage of The New York Times has this report. And at the “Executive Functions” Substack site, Jack Goldsmith has a post titled “Law is Irrelevant to the U.S. Attack on Iran; And Congress is on the hook as much as the president.” Posted at 8:20 PM by Howard Bashman“Supreme Court considers case involving FBI operative ready to burn everyone; A former undercover asset is pointing fingers at his law enforcement handlers and the ACLU lawyers he later teamed up with”: Josh Gerstein of Politico has this report. Posted at 8:16 PM by Howard BashmanSaturday, February 28, 2026
“Could the Supreme Court’s Voting Rights Act Decision Affect the Midterms? The court is set to decide a major case that could scramble the country’s congressional maps. One crucial factor for this year’s elections is when the ruling lands.” Nick Corasaniti of The New York Times has this report. Posted at 9:35 PM by Howard Bashman“Trump Has No Power to Nationalize Elections”: Law professor Noah Feldman has this essay online at Bloomberg Opinion. Posted at 1:18 PM by Howard Bashman“Trump Administration Seeks Delay in Tariff Refund Fight”: Zoe Tillman of Bloomberg News has this report. Posted at 1:15 PM by Howard Bashman“Trump touted support for gun rights but has defended restrictions in court; The Trump administration has backed some loosening of gun restrictions while defending others; Second Amendment advocates say it has fallen short”: Lawrence Hurley of NBC News has this report. Posted at 1:14 PM by Howard Bashman“The Major Questions Doctrine: A Trialogue on the Supreme Court.” Cass Sunstein has this post at his Substack site. Posted at 1:10 PM by Howard BashmanFriday, February 27, 2026
“SCOTUS to hash out how the founders would handle gun-wielding drug users; The federal government gave the justices a founding-era tavern trivia lesson in hopes of upholding regulations disarming drug users”: Kelsey Reichmann of Courthouse News Service has this report. Posted at 9:28 PM by Howard Bashman“Trump Signals Opposition to Tariff Refunds, Hinting at Legal War to Come; One week after the Supreme Court invalidated President Trump’s tariffs, he suggested that his administration could try to relitigate a case that was decided 6 to 3”: Tony Romm of The New York Times has this report. Posted at 8:57 PM by Howard Bashman“Feds won’t appeal dismissal of Luigi Mangione’s death penalty charge; Federal prosecutors had until Friday to make their decision, which is expected to impact the scheduling of Mangione’s murder trials”: Erik Uebelacker of Courthouse News Service has this report. And Patricia Hurtado, Bob Van Voris, and David Voreacos of Bloomberg News report that “Mangione Avoids Death Penalty Risk as US Won’t Fight Ruling.” You can view the federal prosecution’s letter at this link. Posted at 8:14 PM by Howard Bashman“Don Verrilli Receives 2026 Rex Lee Advocacy Award”: Munger, Tolles & Olson issued this news release today. Posted at 4:25 PM by Howard Bashman |
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