Howard Bashman
@howappealing
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Appellate lawyer; author, How Appealing blog; appellate columnist, The Legal Intelligencer; described as "very esteemed appellate lawyer" by @pcntv commentator
Joined May 2012
JUST IN: 24 red states back Trump on Alien Enemies Act detentions, argue his declaration of an enemy 'invasion' can't be questioned by courts. Doc: https://t.co/FHaja7Lt3S Earlier:
politico.com
The 1 a.m. order came after lawyers rushed to the court to stop an “imminent” wave of deportations.
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“The Situation: Who is the ‘Responsible United States Attorney’ in Virginia? Such an official must exist, because the Justice Manual says her approval is required to keep indicting Letitia James.” Benjamin Wittes has this post at the “Lawfare” blog.
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“Jury orders Johnson & Johnson to pay $40 million to two women in latest talc trial”: Diana Novak Jones of Reuters has this report. And Amanda Bronstad of The Recorder reports that “Pivotal LA Trial Alleging J&J’s Baby Powder Caused Ovarian Cancer Ends in
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“If the Supreme Court Wants to Keep Article II Intact but Save Wiener, Here’s How”: Elias Neibart has this post at the “Notice & Comment” blog of the Yale Journal on Regulation.
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“SCOTUS Is About to Turbocharge Presidential Power”: You can access today’s new episode of the “Strict Scrutiny” podcast via this link and on YouTube.
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“The Federal Judge at the Trump Rally; Emil Bove violated a basic tenet of judicial ethics, presumably on purpose”: Ruth Marcus has this essay online at The New Yorker.
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Judges Rao/Walker have iced Judge Boasberg's contempt hearings until at least the New Year. And they want to know whether he has the power to investigate contempt at all or must refer it to DOJ. https://t.co/WGJrFpCSzU
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The Federal Judge at the Trump Rally https://t.co/YHXKD9wCas
newyorker.com
Emil Bove violated a basic tenet of judicial ethics, presumably on purpose.
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A Los Angeles jury hit Johnson & Johnson with a $40 million verdict after a monthlong bellwether trial, finding its talc products were a substantial factor in causing two women’s ovarian cancer but declining to award punitive damages against J&J, which is facing thousands of talc
law360.com
A Los Angeles jury on Friday hit Johnson & Johnson with a $40 million verdict after a month-long bellwether trial, finding its talc products were a substantial factor in causing two women's ovarian...
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In a late night filing, DOJ says Kilmar Abrego Garcia should be returned to detention because he is subject to laws governing detention during deportation proceedings — and “may seek a bond hearing” before an immigration judge. However … https://t.co/leBpYkQovE
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“Judicial Notice (12.14.25): Not Dead Yet; Alina Habba’s bye-bye, Emil Bove’s boo-boo, Jack Smith’s second act, Becca Slaughter’s day of reckoning, and a 30-person hire by Cooley.” David Lat has this post at his “Original Jurisdiction” Substack site.
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“Man sentenced for setting fire in Colorado Supreme Court building that caused extensive damage; Brandon Olsen pleaded guilty in July to one count of arson; He broke into the Ralph L. Carr Colorado Judicial Center on Jan. 2, 2024, and started a fire”:
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“Leon Schools asks Supreme Court to reject parents’ appeal in gender case”: Jim Saunders of News Service of Florida has this report. You can access the brief in opposition at this link.
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“Arkansas Supreme Court dismisses chief justice’s appeal of HR report alleging harassment; Three special justices were appointed to replace three justices who recused themselves, including the chief justice”: Tess Vrbin of Arkansas Advocate has this report
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“This is why you’re wrong about the Supreme Court and Trump; The conservative majority of the Supreme Court is on a mission to put everything back into the right box; The goal is not to grow or shrink the power of any individual branch of government”:
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“With Fed independence in crosshairs, will Supreme Court back Trump again?” Jan Wolfe of Reuters has this report.
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“Trump administration races to finalize tariff payments — and hamstring possible refunds; In response, companies are now filing lawsuits to make sure they get paid back if the Supreme Court invalidates some of the president’s duties”: Ari Hawkins and Doug
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“One Amendment Explains It All: A decades-long conservative project to reject the reconstruction amendments is riding the coattails of Trump’s lawless chaos all the way to SCOTUS.” You can access the new episode of Slate’s “Amicus” podcast via this link.
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“The Restoration Narrative in Constitutional Law; As Opposed to the Redemption Narrative”: Cass Sunstein has this post at his “Cass’s Substack” site. And at his “Shapiro’s Gavel” Substack site, Ilya Shapiro has a post titled “The End of the Beginning: The
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“In this Supreme Court case, a sledgehammer is better than a scalpel; On Trump’s ability to fire the heads of agencies, the Supreme Court should take the harder route”: Columnist Jason Willick has this essay online at The Washington Post.
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