January 23, 2026


Exploring Legal Landscapes: This Week’s Top Stories from How Appealing

Amidst Turbulence, Kash Patel’s FBI Tenure Under Scrutiny

Howard Bashman’s How Appealing blog, a premier platform for appellate litigation news, features a significant story from The New York Times Magazine. The piece by Emily Bazelon and Rachel Poser delves deep into Kash Patel's controversial period at the FBI, providing insights from 45 current and former employees. The report raises concerns about changes that may be compromising the agency's integrity and, consequently, American safety. [Read more about the FBI's internal challenges here.](https://www.nytimes.com/interactive/2026/01/22/magazine/trump-kash-patel-fbi-agents.html)

Legal Debates Heat Up Over Trump’s Alien Enemies Act Invocation

Another focal point this week is the divided opinion within the Fifth Circuit regarding former President Trump’s use of the Alien Enemies Act to deport Venezuelans. Christina van Waasbergen of Courthouse News Service reports on the judicial split, highlighting the complex balance between executive power and judicial oversight in immigration matters. [Explore the full legal analysis here.](https://www.courthousenews.com/fifth-circuit-split-on-trumps-use-of-alien-enemies-act-to-remove-venezuelans/)

Gambling and the IRS: A Judicial Reminder to Keep Records

In legal news involving the IRS, Holly Barker of Bloomberg Law covers a case where the IRS has advised an individual, Goldstein, on the importance of maintaining detailed gambling records. This judicial reminder underscores the intricacies of tax obligations for gambling earnings. [Full story available here.](https://news.bloomberglaw.com/us-law-week/irs-told-goldstein-to-keep-better-gambling-records-jury-hears) (Subscription required for full access)

Supreme Court’s Stance on Presidential Powers Under Review

A thought-provoking discussion by legal scholars Kate Shaw, William Baude, and Stephen I. Vladeck, published in The New York Times, explores the potential for the Supreme Court to set boundaries on presidential powers, especially in light of recent controversies involving executive decisions. [Read their detailed discussion here.](https://www.nytimes.com/2026/01/22/opinion/supreme-court-trump-federal-reserve.html)

Gun Rights and Racial History at the Supreme Court

Josh Gerstein of Politico provides an analysis of a Supreme Court case that touches on racial history and gun rights, focusing on post-Civil War 'Black codes' and current laws limiting guns in public spaces in Hawaii. This case highlights the ongoing debate over gun control and racial justice. [Read the in-depth report here.](https://www.politico.com/news/2026/01/20/supreme-court-hawaii-gun-control-00738208)

Evaluating Trump’s Influence on Supreme Court Conservatism

Lastly, Joan Biskupic of CNN examines how Supreme Court conservatives have historically downplayed Trump’s conduct. However, a recent case involving the Federal Reserve may prompt a reassessment of this stance. [Analyze the implications of this shift here.](https://www.cnn.com/2026/01/22/politics/supreme-court-justices-downplay-trump-conduct-analysis-cook)

Stay informed on these and other compelling legal stories by visiting Howard Bashman’s How Appealing blog. The roundup offers a curated glimpse into the pivotal legal battles and discussions shaping our world today.