Howard Bashman (@howappealing) header
Howard Bashman (@howappealing) profile picture

Howard Bashman

@howappealing

Appellate lawyer; author, How Appealing blog; appellate columnist, The Legal Intelligencer; described as "very esteemed appellate lawyer" by @pcntv commentator

howappealing.abovethelaw.com/
Joined May 2012
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Howard Bashman retweeted
Ron DeSantis (@RonDeSantis) profile picture
Ron DeSantis
@RonDeSantis9h
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).
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Howard Bashman retweeted
CNN (@CNN) profile picture
CNN
@CNN8h
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
Image from CNN (@CNN)
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Howard Bashman retweeted
NBC News (@NBCNews) profile picture
NBC News
@NBCNews9h
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…
Democrats capture full control of Congress, NBC News projects, fueled by victories in deeply...

Democrats capture full control of Congress, NBC News projects, fueled by victories in deeply...

Democrats capitalized on voter anger over Trump and affordability, flipping seats in deep-red and major battleground states alike.

nbcnews.com
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Howard Bashman retweeted
Seung Min Kim (@seungminkim) profile picture
Seung Min Kim
@seungminkim8h
WASHINGTON (AP) — Democrats have won the US Senate, ending Republican dominance in Washington by harnessing voters' frustration with Trump.
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Howard Bashman retweeted
Volokh Conspiracy (@VolokhC) profile picture
Volokh Conspiracy@VolokhC8h
[Josh Blackman] Choosin' Texas I Can Tell ift.tt/F6VEWBj

Choosin' Texas I Can Tell

A few moments ago, the networks called the Texas Senate and Governor races for the Democratic candidates. Those outcomes will...

reason.com
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Howard Bashman retweeted
Ed Whelan (@EdWhelanEPPC) profile picture
Ed Whelan
@EdWhelanEPPC9h
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.
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Howard Bashman retweeted
Josh Gerstein (@joshgerstein) profile picture
Josh Gerstein
@joshgerstein12h
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/…
Image from Josh Gerstein (@joshgerstein)
Josh Gerstein (@joshgerstein) profile pictureJosh Gerstein
@joshgerstein14h
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/…
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Howard Bashman retweeted
Josh Gerstein (@joshgerstein) profile picture
Josh Gerstein
@joshgerstein14h
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
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Howard Bashman retweeted
Josh Gerstein (@joshgerstein) profile picture
Josh Gerstein
@joshgerstein14h
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/…
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Howard Bashman retweeted
Jimmy Hoover (@JimmyHooverDC) profile picture
Jimmy Hoover
@JimmyHooverDC20h
On slang at #SCOTUS (from this morning's Supreme Court Brief newsletter)
Image from Jimmy Hoover (@JimmyHooverDC)
Image from Jimmy Hoover (@JimmyHooverDC)
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Howard Bashman retweeted
Zach Schonfeld (@ZachASchonfeld) profile picture
Zach Schonfeld@ZachASchonfeld19h
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.
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Howard Bashman retweeted
Tara Leigh Grove (@TaraLeighGrove1) profile picture
Tara Leigh Grove@TaraLeighGrove1Nov 3
Replying to @TaraLeighGrove1 @YaleLJournal
You can find the piece on the YLJ website (yalelawjournal.org/article/t…) or SSRN (papers.ssrn.com/sol3/papers.…). Thanks to all the @YaleLJournal editors for their wonderful work on this!!

The Power to Impose Method | Yale Law Journal

This Feature argues that the Supreme Court has some, but only limited, constitutional power to establish methodological precedents. The Court cannot issue a...

yalelawjournal.org
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Howard Bashman retweeted
Lawrence Hurley (@lawrencehurley) profile picture
Lawrence Hurley@lawrencehurleyNov 3
Also today: nbcnews.com/politics/supreme…
Supreme Court sympathetic to Catholic plea to participate in Colorado preschool program

Supreme Court sympathetic to Catholic plea to participate in Colorado preschool program

The justices heard arguments Tuesday in the latest in a line of cases pitting religious rights against LGBTQ rights.

nbcnews.com
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Howard Bashman retweeted
Josh Gerstein (@joshgerstein) profile picture
Josh Gerstein
@joshgersteinNov 3
OVERNIGHT: Judge Thompson's order blocking DOJ enforcement threats v. election workers is back in effect after 9th Circuit judges vote to take case en banc. Vote undisclosed as usual. Goes to 11-judge court and the 2-1 ruling is nullified for now.
Josh Gerstein (@joshgerstein) profile pictureJosh Gerstein
@joshgersteinNov 3
JUST IN: 9th Cir. panel, 2-1, stays TRO district judge issued blocking DOJ nationwide from enforcement threats v. election workers. Majority: Bea, Callahan (both GWBush). Dissent: Murguia (Obama). Judge requests en banc vote. Briefs due by 10PM PT Doc: documentcloud.org/documents/…
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Howard Bashman retweeted
Kyle Cheney (@kyledcheney) profile picture
Kyle Cheney
@kyledcheneyNov 3
Lot of Trump admin officials and allies still celebrating this ruling even though it was overturned three hours later (1am ET) by the full 9th circuit.
SCOTUS Wire (@scotus_wire) profile pictureSCOTUS Wire
@scotus_wireNov 3
BREAKING: In a 2-1 vote, the Ninth Circuit lifted restrictions on the Trump administration's efforts to have states set aside ballots from suspected noncitizens, allowing it to resume such requests, warn election officials of prosecution, and pursue related investigative steps.
Image from SCOTUS Wire (@scotus_wire)
Image from SCOTUS Wire (@scotus_wire)
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Howard Bashman retweeted
Josh Gerstein (@joshgerstein) profile picture
Josh Gerstein
@joshgersteinNov 2
JUST IN: Judge Boasberg (Obama/DC) blocks DOJ from demanding Calif. officials remove/segregate ballots from voters on list of suspected foreigners. DOJ atty agrees with Judge Thompson (Biden/CA) that DOJ lists have a "high error rate." w/@kyledcheney politico.com/storyline/live/…
Midterms 2026: Chaos and campaigning in the final day before the election

Midterms 2026: Chaos and campaigning in the final day before the election

Candidates in both parties are racing to land their message before voters head to the polls Tuesday.

politico.com
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Howard Bashman retweeted
Roger Parloff (@rparloff) profile picture
Roger Parloff
@rparloffNov 2
E. Jean Carroll asks SCOTUS not to review her $83.3M verdict. Trump is trying to raise an absolute immunity claim after his trial attys disavowed the defense twice & litigated 3 years before raising it for the 1st time. ... 1/2 documentcloud.org/documents/…
Image from Roger Parloff (@rparloff)
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Howard Bashman retweeted
Ezra Ishmael Young (@ezraiyoung) profile picture
Ezra Ishmael Young
@ezraiyoungNov 2
Some thoughts on Justice Jackson’s piece in the latest YLJ issue: Can we please just call it the Supreme Court’s motions docket. This is what appellate motion practice looks like. Most folks who push something else simply don’t litigate. I wish academic were less fixated on inventing terms. Not every phenomena merits special terms. yalelawjournal.org/pdf/136-1…
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Howard Bashman retweeted
Volokh Conspiracy (@VolokhC) profile picture
Volokh Conspiracy@VolokhCNov 2
[Paul Cassell] Supreme Court to Consider Successive Habeas Claim in Capital Case, Twenty Years After the Murder ift.tt/4IG3Usc

Supreme Court to Consider Successive Habeas Claim in Capital Case, Twenty Years After the Murder

This week, the Court will consider when a death-row inmate may file a second habeas application based on “a new rule of constitutional law, made retroactive to cases on collateral review by the...

reason.com
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Howard Bashman retweeted
The New York Times (@nytimes) profile picture
The New York Times
@nytimesNov 1
Breaking News: A judge in Alaska dismissed a Trump administration lawsuit that pre-emptively challenged results in the state’s Senate race that includes two candidates named Daniel Sullivan. nyti.ms/4iO8NUl
Judge Rejects Trump Officials’ Move to Challenge Alaska Senate Election

Judge Rejects Trump Officials’ Move to Challenge Alaska Senate Election

The ruling dismisses the Department of Justice’s lawsuit that pre-emptively contested the results of a race that includes two candidates named Daniel Sullivan.

nytimes.com
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