May 22, 2026

In this week's digest of appellate litigation, several compelling legal battles and discussions take hold of the national spotlight, offering a broad perspective on the complexities of law and its impact on society.
One of the most provocative discussions comes from Emily Bazelon and David French at The New York Times, focusing on the controversies surrounding the new "Trump Anti-Weaponization Fund". Their dialogue, titled "There Are Scandals. There Is the Law. And Then There’s This," delves into the ethical and legal quagmires that such a fund could entail.
Meanwhile, the New York High Court is currently embroiled in a contentious debate over hate speech laws, as reported by Beth Wang of Bloomberg Law. The court's confrontation with these laws, particularly in how they intersect with free speech rights, underscores the ongoing tension between preventing harm and preserving liberty.
The legal landscape is further complicated by a recent piece by Noah Shachtman in The New York Times, which discusses unprecedented legal territory charted by former President Trump. The article, “Trump Just Took Us Somewhere the Country Has Never Been Before,” examines the implications of Trump's actions on national governance and legal norms.
In a significant judicial decision, the Supreme Court has dismissed a death penalty case involving Joseph Clifton Smith, a man whose mental disabilities put him at the threshold of eligibility for capital punishment. Justin Jouvenal of The Washington Post reports that the dismissal was based on procedural grounds, sparking a debate on the rights of mentally disabled individuals under the death penalty law.
Adding to the complexity of this week's legal news, Andrew Duehren of The New York Times analyzes the challenges faced by the IRS due to audit immunity claims by the Trump family. This development places the IRS in a precarious position, balancing federal law and political pressures.
Finally, a novel legislative approach to curb corporate political spending has emerged victorious in Hawaii, as detailed by Will Lennon and Beatrice Peterson of ABC News. After a strenuous journey through state legislatures, Hawaii's SB 2471 represents a pioneering effort to regulate the influence of money in politics, setting a potential precedent for other states to follow.
These stories reflect just a slice of the dynamic and evolving field of appellate litigation, inviting legal enthusiasts and the public alike to reflect on the broader implications of these legal battles. For more in-depth coverage and analysis, visit Howard Bashman's "How Appealing" blog at Above the Law.