Ed.
Note:
A
weekly
roundup
of
just
a
few
items
from
Howard
Bashman’s
How
Appealing
blog,
the
Web’s
first
blog
devoted
to
appellate
litigation.
Check
out
these
stories
and
more
at
How
Appealing.
“This
time,
the
anti-Trump
resistance
is
in
the
courts,
not
in
the
streets;
As
the
president
issues
orders
that
critics
say
disregard
the
law,
a
haphazard
group
of
opponents
is
filing
lawsuits
—
and
it’s
starting
to
work”: Naftali
Bendavid
of
The
Washington
Post
has this
report.
And
in
commentary,
online
at
The
Washington
Post,
columnist
Ruth
Marcus
has
an
essay
titled
“Can
the
courts
—
can
anyone
—
stop
Trump?
Despite
my
expectation
of
mixed
success
in
legal
battles
with
the
president,
there
are
reasons
for
tempered
optimism
here.”
“Trump
Is
Testing
Our
Constitutional
System.
It’s
Doing
Fine.
The
president’s
flurry
of
illegal
actions
have
been
stopped
by
the
courts.
That’s
how
it
is
supposed
to
work.” Law
professor Noah
Feldman has this
essay online
at
Bloomberg
Opinion.
And,
in
response,
online
at
Balls
and
Strikes,
Jay
Willis
has
an
essay
titled
“Our
Constitutional
System
Cannot
Be
‘Fine’
When
It
Is
Also
On
Fire;
The
possibility
that
a
judge
might
someday
declare
Trump’s
actions
illegal
does
nothing
to
stop
the
pain
and
suffering
that
the
legal
system
allows
Trump
to
inflict
in
the
meantime.”
“At
the
Supreme
Court,
at
the
White
House
and
at
his
house,
Clarence
Thomas
is
the
go-to
justice
to
swear
in
Trump’s
Cabinet”: Joan
Biskupic
and
Jeff
Zeleny
of
CNN
have this
report.
“The
Most
Indefensible
Aspects
of
DOJ’s
Briefs
in
the
Birthright
Citizenship
Cases”: Marty
Lederman
has this
post at
the
“Just
Security”
blog.
“Eighteen
‘Pro-Life’
States
Demand
the
Freedom
to
Persecute
American
Babies”: Mark
Joseph
Stern
has this
Jurisprudence
essay online
at
Slate.