October 10, 2025


This Week in Law: Key Legal Insights from Howard Bashman’s “How Appealing” Blog

In this week’s roundup from Howard Bashman's “How Appealing,” an essential blog for those interested in appellate litigation, several compelling legal stories have emerged. Here’s a glimpse into the pivotal legal narratives that could shape the judiciary's landscape.

Judicial Comeback and Controversies

In a surprising twist, Todd Bookman reports that Hantz Marconi, a previously convicted justice, is set to return to the bench. This decision caps a tumultuous week and raises questions about the implications for judicial integrity and public trust in the legal system.

Decisions and Developments

The Oklahoma Supreme Court has made headlines by rejecting a proposal for a business-only court system, as reported by Dale Denwalt. The decision is a significant blow to advocates who argue that specialized courts could streamline legal processes and encourage economic growth by providing a more business-friendly environment.

Landmark Rulings Reaffirmed

Justice Anthony Kennedy, known for authoring the opinion that legalized same-sex marriage, has voiced confidence that this landmark decision will not be overturned despite ongoing societal and political challenges. Joan Biskupic’s detailed report offers an insightful look into Justice Kennedy’s rationale and the enduring impact of the Obergefell decision.

Electoral Influence Through Judicial Appointments

With the Pennsylvania Supreme Court’s upcoming election, Emily Chang highlights how this event could influence the 2028 presidential race, marking two decades since a state justice faced a retention vote. The outcome could significantly affect future rulings on electoral laws in this battleground state.

Presidential Powers and Legal Boundaries

Sonja Sharp discusses a contentious issue where Trump-appointed judges have shown a willingness to support the deployment of troops to states, a move that raises critical questions about federal authority and state sovereignty.

Senate Confirmations and Judicial Shaping

In another development, the U.S. Senate has confirmed Trump nominee Mascott to the federal appeals court, as Nate Raymond reports. This appointment is part of a broader trend where recent nominations are shaping the future ideological balance of the judiciary.

Satirical Commentary on Supreme Court’s Direction

Lastly, a provocative piece by Emily Bazelon and David French speculates on the growing influence of Trump-appointed justices on the Supreme Court, using sharp satire to suggest the Court could almost be branded with a gold Trump sign, symbolizing the perceived sway.

For more detailed analysis and additional stories, visit Howard Bashman’s How Appealing blog. This roundup provides just a snapshot of the complex developments in appellate litigation across the United States, reflecting the dynamic nature of law and its impact on society.