Appellate lawyer; author, How Appealing blog; appellate columnist, The Legal Intelligencer; described as "very esteemed appellate lawyer" by @pcntv commentator
Joined May 2012
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Howard Bashman retweeted
Assuming Republicans lose the seats where prediction markets have the Democrats at 90+% to win, that would produce 55 Democrat Senate seats.
Chance of confirming a worthy successor to Justice Thomas and/or Alito during President Trump’s term: Zero.
Chance of confirming a worthy successor during a hypothetical GOP admin 2029-2033: probably zero (GOP won’t be able to recapture enough seats in 28).
Howard Bashman retweeted
BREAKING: Democrats will retake control of both the House and Senate, CNN projects, winning significant power to check the White House for the final two years of Donald Trump's presidency. Follow live updates. cnn.it/4jXpcHg
Howard Bashman retweeted
BREAKING: Democrats win the Senate to take full control of Congress away from Republicans, with voters rebuking Trump’s policies, NBC News Projects. nbcnews.com/politics/2026-el…
Howard Bashman retweeted
WASHINGTON (AP) — Democrats have won the US Senate, ending Republican dominance in Washington by harnessing voters' frustration with Trump.
Howard Bashman retweeted
[Josh Blackman] Choosin' Texas I Can Tell ift.tt/F6VEWBj
Howard Bashman retweeted
On judicial nominations, massive Democrat takeover of Senate means:
1. Trump will not be able to appoint any justices or judges during his last two years in office (absent one-sided deal in favor of Dems).
2. If a Republican is elected president in 2028, that president will not be able to appoint any justices or judges until Republicans regain the Senate. Given the deep hole, that might not happen until 2033.
3. I'd be extremely surprised if any justice announces resignation now (for end of term) in hope of lame-duck confirmation of successor. Among other things, it's highly doubtful that Rs would have the vote to confirm. If Sherrod Brown wins Ohio seat, he gets sworn into Senate in early December, so Senate becomes 52R-48D. Collins and Murkowski would be unlikely to support anyone Trump would nominate. John Cornyn, Thom Tillis, and Bill Cassidy aren’t going to be eager to do Trump any favors. And there are other senators—e.g., John Curtis of Utah—who would be leery of anyone Trump would be eager to push through.
“In Election-Related Lawsuits, the Trump Administration Has Faced Skepticism; The administration has ramped up its efforts in the courts to push claims of voter fraud but has been rejected by judges at all levels”: Abbie VanSickle, Zach Montague, and Ann howappealing.abovethelaw.com…
Howard Bashman retweeted
UPDATE: Trump admin unshockingly opposes full-court en banc rehearing, says to its knowledge it's never been done before, quotes concurrence that was critical of DOJ. Doc: documentcloud.org/documents/…
BREAKING: After losing at 3-judge & 11-judge courts, SEIU requests "super en banc" rehearing on Trump admin appeal of judge's order barring threats to prosecute election officials for counting possibly illegal votes. Doc: documentcloud.org/documents/… Earlier: politico.com/storyline/live/…
“DC Circuit signals ICE ban on surprise lawmaker oversight visits unlawful; U.S. Circuit Judge Robert Wilkins said the policy could hypothetically be compared to government officials barring lawmakers from the Senate chambers, as oversight and voting are howappealing.abovethelaw.com…
“Justices Seem Likely to Side With Colorado Catholic Schools Seeking Public Money; The Supreme Court considered whether Catholic preschools in Colorado that decline to enroll families with gay and transgender parents can participate in a state program”: howappealing.abovethelaw.com…
Howard Bashman retweeted
CA9 has never granted full-court review since the limited en banc court was authorized in 1978. DOJ has until 8PM PT/5PM PT to respond
Howard Bashman retweeted
BREAKING: After losing at 3-judge & 11-judge courts, SEIU requests "super en banc" rehearing on Trump admin appeal of judge's order barring threats to prosecute election officials for counting possibly illegal votes. Doc: documentcloud.org/documents/… Earlier: politico.com/storyline/live/…
“Guantanamo Dispatches: Jury Selection Is Underway in the USS Cole Bombing Case, First Capital Case at Guantanamo Bay.” Carol Rosenberg has this post at the “Just Security” blog. howappealing.abovethelaw.com…
“Appeals Court Lifts Election Limits on Trump Administration”: Zoe Tillman of Bloomberg News has this report.
And at his “Election Law Blog,” Rick Hasen has a post titled “Divided En Banc Ninth Circuit Panel (Again) Blocks District Court Order That Would howappealing.abovethelaw.com…
“Can Catholic Schools Get Public Money if They Turn Away L.G.B.T.Q. Families? The Supreme Court considers whether Catholic preschools in Colorado that decline to enroll families with gay and transgender parents can participate in a state program.” Ann E. howappealing.abovethelaw.com…
“Supreme Court Sympathetic to Catholic Schools in Funding Fight”: Jordan Fischer of Bloomberg Law has this report. howappealing.abovethelaw.com…
Howard Bashman retweeted
A third Dan Sullivan has emerged:
The Supreme Court admitted "Daniel J. Sullivan" to the bar today.
No, not that one. And no, not that one either. Yes, it's yet another Dan Sullivan.
It gave both Justice Brett Kavanaugh and Justice Elena Kagan a laugh.
“Election Day Surprises”: You can access today’s new episode of the “Advisory Opinions” podcast via this link and on YouTube. howappealing.abovethelaw.com…
“We Face Our Nation’s Fourth Great Crisis”: Ken Burns has this guest essay online at The New York Times. howappealing.abovethelaw.com…