December 12, 2025

In this week's edition of "How Appealing Weekly Roundup," we delve into several pivotal legal battles and discussions that could shape the landscape of American jurisprudence. From questions of constitutionality to explorations of legal ethics, these stories provide a snapshot of the ongoing challenges and changes within the U.S. legal system.
Alabama's Push for Supreme Court Flexibility on Execution Laws
In a notable development, Alabama is seeking adjustments from the Supreme Court regarding the execution of intellectually disabled individuals. Despite the 2002 ruling that such executions violate the Constitution, states continue to test the boundaries of this decision. Madiba K. Dennie offers a detailed analysis of the current debates in her essay featured on Balls and Strikes.
A Landmark Hate Crime Case Seeks Retrial in South Carolina
The case of Daqua Ritter, which marked the first federal hate crime trial based on gender identity, is back in the spotlight as Ritter requests a new trial from the Fourth Circuit. Steve Garrison of Courthouse News Service provides an in-depth report on the proceedings and the significant implications for hate crime legislation.
Controversial U.S. Attorney Nomination Stalls in Senate
The nomination of a U.S. attorney who previously acted as the lead prosecutor in the Eastern District of Virginia is facing severe opposition. Both Democratic senators from Virginia have expressed their reluctance to support the nominee, signaling a challenging confirmation process. Benjamin S. Weiss details the developments in his report for Courthouse News Service.
Revisiting Controversial Legal Memos from the Trump Administration
Ankush Khardori revisits the legal controversies surrounding the Trump administration, drawing parallels between the infamous Torture Memos and the less-discussed Boat Strike Memos. His essay on Politico Magazine calls for greater transparency and scrutiny of the legal justifications for military actions.
Exploring Supreme Court Advocacy with Laurence Tribe
Harvard Law School offers a unique glimpse into the world of Supreme Court advocacy through a video featuring renowned legal scholar Laurence Tribe. The video discusses the nuances of presenting cases before the highest court in the land, providing valuable insights for legal professionals and scholars alike.
The Supreme Court's Boundaries Tested in New Discussions
Emily Bazelon and David French engage in a thought-provoking conversation about the limits of the Supreme Court's power in a recent New York Times Opinion piece. Their discussion highlights the ongoing struggle to define and understand the scope of authority held by the Court.
These stories highlight the dynamic and often contentious nature of appellate litigation in the U.S. For more detailed coverage and additional stories, be sure to visit Howard Bashman's "How Appealing" blog, a dedicated resource for legal professionals and enthusiasts interested in appellate court developments.