Ed. Note: A weekly roundup of just a few items from Howard Bashman’s How Appealing blog, the Web’s first blog devoted to appellate litigation. Check out these stories and more at How Appealing.
“This time, the anti-Trump resistance is in the courts, not in the streets; As the president issues orders that critics say disregard the law, a haphazard group of opponents is filing lawsuits — and it’s starting to work”: Naftali Bendavid of The Washington Post has this report.
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And in commentary, online at The Washington Post, columnist Ruth Marcus has an essay titled “Can the courts — can anyone — stop Trump? Despite my expectation of mixed success in legal battles with the president, there are reasons for tempered optimism here.”
“Trump Is Testing Our Constitutional System. It’s Doing Fine. The president’s flurry of illegal actions have been stopped by the courts. That’s how it is supposed to work.” Law professor Noah Feldman has this essay online at Bloomberg Opinion.
And, in response, online at Balls and Strikes, Jay Willis has an essay titled “Our Constitutional System Cannot Be ‘Fine’ When It Is Also On Fire; The possibility that a judge might someday declare Trump’s actions illegal does nothing to stop the pain and suffering that the legal system allows Trump to inflict in the meantime.”
“At the Supreme Court, at the White House and at his house, Clarence Thomas is the go-to justice to swear in Trump’s Cabinet”: Joan Biskupic and Jeff Zeleny of CNN have this report.
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“The Most Indefensible Aspects of DOJ’s Briefs in the Birthright Citizenship Cases”: Marty Lederman has this post at the “Just Security” blog.
“Eighteen ‘Pro-Life’ States Demand the Freedom to Persecute American Babies”: Mark Joseph Stern has this Jurisprudence essay online at Slate.