July 24, 2026


This Week's Legal Landscape: Supreme Court Stances, New Tariffs, and Academic Free Speech

In the ever-evolving realm of law and justice, this week’s roundup from Howard Bashman's How Appealing blog highlights pivotal developments in appellate litigation that could reshape future legal landscapes.

Firstly, an intriguing update comes from Gavin Bade of The Wall Street Journal regarding President Trump’s latest move on trade. In an effort to sidestep previous legal setbacks, Trump has introduced a new range of tariffs, designed to endure judicial scrutiny. These new duties, varying from 10% to 12.5%, are set to replace the temporary tariffs that were instated after the Supreme Court disrupted Trump’s trade agenda earlier in February.

On another front, the Fourth Circuit has made headlines by diverging from the Third Circuit on the treatment of detained pro-Palestinian scholars. According to Joe Dodson of Courthouse News, this decision creates a significant circuit split, challenging the notion that immigration courts are the exclusive venues for detainees to contest their detention, especially in cases that involve potential First Amendment violations.

Meanwhile, the boundaries of free speech in educational settings are being tested. Bob Egelko of The San Francisco Chronicle reports on a Portland State student who faced expulsion after directing a profane political statement at the school. Despite the expulsion, a panel has ruled that the student’s speech may still fall under First Amendment protection due to its political nature.

Adding to the discourse on judicial independence, Justice Elena Kagan has publicly defended the Supreme Court's ability to maintain autonomy against political influences, including those from President Trump. Abbie VanSickle of The New York Times highlights Kagan’s remarks at an annual gathering of judges and lawyers, where she emphasized the Court's decisions against Trump in key cases.

In judicial appointment news, Olivia Alafriz of Bloomberg Law notes that a judge known for supporting a boycott against a Columbia clerk is now on the path to the Appeals Court. This move signifies potential shifts in judicial perspectives and priorities.

Lastly, Senator Sheldon Whitehouse continues to push for Supreme Court reform. Benjamin S. Weiss of Courthouse News Service covers Whitehouse’s persistent efforts to introduce a bill that would limit Supreme Court justices' terms to 18 years. Despite the slim chances of the bill becoming law, Whitehouse views it as a method to sustain the dialogue on Supreme Court ethics with the public.

For more in-depth analysis and updates on these stories, visit Howard Bashman's How Appealing blog. Each week offers fresh insights into the complex interplay of law, policy, and governance that shapes our nation.