October 3, 2025

In this week’s edition of the How Appealing Weekly Roundup, we delve into a mix of contentious judicial nominations, unconventional Supreme Court previews, landmark legal decisions, and unique lawsuits that are shaping the legal landscape. Here’s a brief overview of the significant developments:
Contentious Judicial Nomination Proceeds Amidst Opposition
The Senate has pushed forward with the nomination of Jennifer Mascott to the Third Circuit, despite strong opposition from Democratic senators, including Delaware’s own Senator Chris Coons. Coons has raised concerns about Mascott’s ties to Delaware, a state where she would likely preside over several cases if confirmed. The debate heats up as Mascott, a former Trump administration official, moves closer to a seat on the appellate bench. More details on this can be found in Benjamin S. Weiss’s coverage for Courthouse News Service.
Supreme Court’s New Term Promotions Stir Debate
As the Supreme Court’s new term approaches, conservative activists have taken to YouTube, employing infomercial-style videos to shape public perception of the upcoming legal battles. These videos discuss who deserves legal protections, subtly influencing the court’s narrative before it even hears a case. Jay Willis provides an insightful critique on this modern-day legal commentary at Balls and Strikes.
Iconic Album Cover Lawsuit Dismissed
In a surprising legal turn, a lawsuit concerning the naked baby famously depicted on Nirvana’s ‘Nevermind’ album cover has been dismissed. The plaintiff, who was the baby photographed, claimed the image constituted child sex abuse imagery. However, the court did not side with him, ending a unique case that stirred discussions about consent and artistic expression. Derrick Bryson Taylor of The New York Times offers a full report on the proceedings.
Supreme Court Decision Offers Temporary Relief to Federal Reserve
The Supreme Court recently handed down a decision in the Cook case, providing the Federal Reserve with a much-needed respite amidst economic pressures. However, experts like Enda Curran and colleagues at Bloomberg News speculate that this relief could be short-lived, hinting at possible future complications for the Fed.
Judicial Mental Health Under Scrutiny
Amid increasing threats to their safety, the mental well-being of judges has captured national attention. A new focus has been placed on the pressures and dangers judges face, pushing for better protective measures and support systems. Suzanne Monyak explores this urgent issue in her report for Bloomberg Law.
Labor Struggles at Whole Foods Reach a Standstill
A historic unionization effort at Whole Foods has hit a significant roadblock, influenced by legal interpretations from the Trump era and recent Supreme Court decisions. John Kruzel and Daniel Wiessner of Reuters delve into how these political and judicial influences are impacting workers' rights and union activities.
For more detailed articles on these topics, visit Howard Bashman’s How Appealing blog. Stay informed with us weekly to catch all the crucial updates from the world of appellate litigation and beyond.