How Appealing



Tuesday, September 29, 2026

“Suncor v. Boulder: Why the Constitution and the Clean Air Act Leave Deception-Based Climate Claims Standing.” Michael Burger has this post at the “Just Security” blog.

Posted at 1:22 PM by Howard Bashman



“Supreme Court Ruling On Disputed Election May Conflict With State Law; The high court struck down a state-ordered election in House District 43 resulting from a lauhala basket tiebreaker; The remedy is now being called into question”: Chad Blair of Honolulu Civil Beat has this report.

Posted at 1:20 PM by Howard Bashman



“[P]laintiff Joseph Terborg submitted a notice of claim to the Town of Payson and others (collectively, the ‘Town’) offering to settle his personal injury claim for ‘one hundred thousand dollars ($250,000).’ We conclude that because the written and numerical amounts for the settlement offer conflict, Terborg failed to comply with § 12-821.01(A)’s specific-amount requirement.” So ruled the Supreme Court of Arizona in a decision issued last Thursday.

In news coverage, Howard Fischer of Arizona Capitol Times reports that “AZ Supreme Court tosses lawsuit against Payson due to apparent typo.”

Posted at 1:14 PM by Howard Bashman



“Why ‘Let’s go, Brandon’ is worth a legal fight; The effort to regulate the ‘profane’ political slogan runs up against decades of Supreme Court precedent”: Conor Fitzpatrick has this essay online at The Washington Post.

Posted at 1:02 PM by Howard Bashman



“Will the EDPa. Investigate Krasner? We Won’t Know for a While. Although court watchers said that much of what happens from here on out will be unknown to the public, one thing seems likely: federal prosecutors will investigate.” Max Mitchell and Riley Brennan of The Legal Intelligencer have this report.

Posted at 10:30 AM by Howard Bashman



“Junior Lawyers Shouldn’t Shrink From Surplus DOJ Job Openings”: Martin Weinstein has this essay online at Bloomberg Law.

Posted at 10:26 AM by Howard Bashman



“It Was the Essential Home of Supreme Court News. Now It’s a Joke. What Happened?” Online at Slate, Jay Willis has a Jurisprudence essay that begins, “Earlier this month, SCOTUSblog hosted its annual Supreme Court ‘summit’ in Washington.”

Update: The essay is also available via Balls and Strikes under the headline “The Conservative Takeover of SCOTUSblog Is Just What the Supreme Court Needed; SCOTUSblog used to cover the Supreme Court; Now, it cheers for it.”

Posted at 8:32 AM by Howard Bashman



Monday, September 28, 2026

“Ketanji Brown Jackson Is Getting Tired of the Supreme Court’s Shadow Docket Abuses; The conservative supermajority keeps refusing to take the real-world harms of its work seriously”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 8:58 PM by Howard Bashman



“Short Shrift? Supreme Court Clerk Hiring Mostly Skips This Appeals Court; Since its creation in 1982, the Federal Circuit has sent just one of its former clerks on to the Supreme Court; It took an extraordinary resume and years of effort to break the mold; A personal connection to the justice didn’t hurt either.” Jimmy Hoover of The National Law Journal has this report.

Posted at 8:53 PM by Howard Bashman



“Second Prosecutor Quits Trump’s ‘Grand Conspiracy’ Case; The resignation adds to the setbacks to the most sweeping effort by the Justice Department to fulfill the president’s desire to take revenge against the federal officials who have investigated him”: Alan Feuer of The New York Times has this report.

Posted at 8:40 PM by Howard Bashman



“Justice Alito Recuses Himself Days Before Major Climate-Change Case; Justice Samuel A. Alito Jr. had faced pressure to recuse himself from the climate case because he owns stock in oil companies”: Abbie VanSickle of The New York Times has this report.

James Romoser of The Wall Street Journal reports that “Justice Alito Won’t Participate in Supreme Court Case on Climate Change; The justice previously indicated he wouldn’t recuse himself over his ownership of oil-and-gas stocks.”

Lesley Clark and Alex Guillén of Politico report that “Alito bows out of blockbuster Supreme Court climate case; The conservative justice had previously resisted calls from environmentalists to recuse himself.”

And Kelsey Reichmann of Courthouse News Service reports that “Justice Alito steps away from major climate dispute; Despite pushing back on earlier calls to step away from the case for his financial interests in oil companies, the conservative justice issued an about-face only a week before oral arguments.”

You can view the recusal notification letter at this link.

Posted at 8:35 PM by Howard Bashman



“Guantanamo Dispatch: Innocent or Guilty, Accused USS Cole Bomber May Never Go Free.” Carol Rosenberg has this post at the “Just Security” blog.

Posted at 4:50 PM by Howard Bashman



“253. Introducing ‘The Court We Need’: Due out May 4, 2027, my second book about the Supreme Court offers a more nuanced diagnosis of exactly what’s wrong with the Court — and how (and why) we should fix it.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 2:51 PM by Howard Bashman



“Supreme Court vote shadows Maine Sen. Susan Collins in her first race after abortion rights decision”: Kimberlee Kruesi and Patrick Whittle of The Associated Press have this report.

Posted at 1:04 PM by Howard Bashman



“Trump takes fight over prisoners’ transgender medical treatment to Supreme Court”: Stephen Dinan of The Washington Times has this report.

John Fritze of CNN reports that “Trump asks Supreme Court to suspend transgender medical care in federal prisons.”

And Josh Gerstein of Politico reports that “Trump asks Supreme Court to OK limits on transgender-related care for prisoners; Lower courts ruled that the Bureau of Prisons policy didn’t appear to grapple with relevant evidence.”

You can access the court filing at this link.

Update: In other coverage, Ann E. Marimow of The New York Times reports that “Trump Administration Asks Justices to Allow It to Deny Hormones to Trans Inmates; The Bureau of Prisons policy, which has been blocked by lower courts, would give transgender prisoners access to psychotherapy and antidepressants instead of certain gender-transition medical treatments.”

Posted at 1:00 PM by Howard Bashman



“Clarence Thomas, a Profile in Courage; Justice Clarence Thomas’s brand of originalism is ‘going further,’ and he is now on track to set the Supreme Court’s longevity record”: Mark Pulliam has this book review post at the “Law & Liberty” blog.

Posted at 12:52 PM by Howard Bashman



“The Fourteen-Year Labor to Try the 9/11 Case; Justice has been delayed; Will it be denied?” Bryce G. Poole has this post at Civitas Outlook.

Posted at 12:48 PM by Howard Bashman



“Is the SCOTUS Climate Change Case a ‘Conservative Intuition in Search of a Constitutional Clause’?” Ryan J. Walsh and Michael A. Fragoso have this essay online at the In Limine site of the Notre Dame Journal of Law, Ethics & Public Policy.

Posted at 12:02 PM by Howard Bashman



In the October 5, 2026 issue of The New Yorker: In the Talk of the Town section, Jelani Cobb has a Comment titled “The President vs. the Press: Donald Trump’s behavior cannot be called unexpected at this point; What was noteworthy last week, however, was the way that the media responded.”

And Eyal Press has an Annals of Law article headlined “Should I Stay or Should I Go? The quandary faced by government lawyers who think that the Trump Administration is subverting justice.”

Posted at 11:58 AM by Howard Bashman



“Everybody Out of the Pool: Trump banned three news outlets from the White House; Then something unprecedented happened.” You can access the new installment of Slate’s “Amicus” podcast via this link.

Posted at 11:52 AM by Howard Bashman



“Judicial Notice (09.27.26): Slow On The Uptake? An ‘epic resignation letter,’ a Trump judge ruling against Trump, a Supreme rebuke of a circuit court, and ‘boomerang’ partners returning to Weil Gotshal.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:32 AM by Howard Bashman



Sunday, September 27, 2026

“Philadelphia’s DA, the Dean of Progressive Prosecutors, Has His Own Legal Trouble; Allegations of a flawed murder review, an angry rant about ‘Nazis,’ and warnings of ‘consequences’ are rocking the office of District Attorney Larry Krasner”: Scott Calvert of The Wall Street Journal has this report.

Posted at 10:03 PM by Howard Bashman



“Another Try for Religious Charter Schools; The Supreme Court split 4-4, so a Jewish school is trying again”: The Wall Street Journal has published this editorial.

Posted at 9:54 PM by Howard Bashman



Saturday, September 26, 2026

“Trump’s ‘magic words’: National security; The president’s attempts to link pet projects and policies to life-and-death matters of national security are increasingly being met with eye rolls from federal judges.” Kyle Cheney of Politico has this report.

Posted at 9:33 PM by Howard Bashman



“Appeals Judge Says Justices’ Emergency Orders Can Lack Guidance”: Jordan Fischer and Justin Wise of Bloomberg Law have this report.

Posted at 8:42 PM by Howard Bashman



“Supreme Court Once Again Blocks Republican-Backed Voting Map in Missouri; A federal appeals court had sided with Republicans seeking to use redrawn congressional district boundaries to give their party an advantage in the midterms elections”: Ann E. Marimow and Mitch Smith of The New York Times have this report.

Justin Jouvenal of The Washington Post reports that “Supreme Court blocks Missouri congressional map favoring GOP for third time; The ruling ends a complicated legal fight that has injected uncertainty into November’s midterm elections in the state.”

James Romoser of The Wall Street Journal has an article headlined “How Missouri’s Republican Gerrymander Struck Out at the Supreme Court; Three times in a row, the high court rebuffed a long-shot redistricting effort.”

Josh Gerstein and Aaron Pellish of Politico report that “Supreme Court again snubs GOP gerrymander in Missouri; Justices also warned federal courts not to interfere with state decisions.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court shuts down Missouri GOP-gerrymandered map for third time; Despite two Supreme Court rulings to the contrary, a lower court allowed Missouri Republicans to use a gerrymandered map for the November election.”

Posted at 9:55 AM by Howard Bashman



Friday, September 25, 2026

“US Chamber of Commerce sues Hawaii over law targeting Citizens United; The nation’s largest business lobby argues Hawaii’s first-in-the-nation law stripping corporations of election-spending power cannot survive First Amendment scrutiny”: Jeremy Yurow of Courthouse News Service has this report.

Posted at 8:24 PM by Howard Bashman



“Supreme Court Allows Expansive Federal Database for Voter Screening; Critics of a citizenship database built by the Trump administration have raised alarms about privacy and improper voter purges”: Abbie VanSickle of The New York Times has this report.

Julian Mark, Justin Jouvenal, and Patrick Marley of The Washington Post report that “Government can use Social Security data to identify noncitizen voters, Supreme Court rules; President Donald Trump wants to let states use a federal database that includes voters’ personal information to check for noncitizens on voter rolls.”

Louise Radnofsky of The Wall Street Journal reports that “Supreme Court Says Trump Officials Can Use Immigration Database for Voter Checks; System could be used to scrub voter rolls and potentially challenge election results.”

Josh Gerstein of Politico reports that “Supreme Court lets states use federal citizenship database in midterms; Critics warn that the system, known as SAVE, is incomplete and likely to result in unwarranted challenges to voters.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court greenlights national citizenship database ahead of midterms; President Trump’s baseless election fraud claims surrounding widespread noncitizen voting have led to a slew of legal battles ahead of the November election.”

You can access today’s decision of the U.S. Supreme Court at this link.

Posted at 7:40 PM by Howard Bashman