How Appealing



Monday, August 31, 2026

“He wants to distill his own whiskey. Supreme Court may decide if he can. The Supreme Court could review a ban on home-distilling in a case with potentially larger implications for federal power.” Maureen Groppe of USA Today has this report.

Posted at 10:02 PM by Howard Bashman



“US lawyer who defended Trump ballroom, White House policies rejoins Jones Day”: Mike Scarcella of Reuters has this report.

Posted at 9:57 PM by Howard Bashman



“Defending the Constitution at the Supreme Court with the Office of the Solicitor General”: The Arena with America First Legal has posted this video on YouTube.

Posted at 9:55 PM by Howard Bashman



“U.S. Supreme Court’s Rejection of the ‘Presumption of Regularity’”: Ryan Goodman and Jake Morganstein-Foley have this post at the “Just Security” blog.

Posted at 9:33 PM by Howard Bashman



“The Supreme Court Keeps Finding Reasons to Give Trump What He Wants; The justices in the majority say they aren’t deciding on the ‘legality’ of Trump’s ballroom; They also can’t wait to attend the ribbon-cutting ceremony”: Jay Willis has this essay online at Balls and Strikes.

Posted at 9:29 PM by Howard Bashman



“Esthetic Standing in the White House Ballroom Case”: William Baude has this post at the “Divided Argument” Substack site.

Posted at 8:53 PM by Howard Bashman



“Supreme Court Allows Trump’s White House Ballroom Construction; Lower-court rulings would have blocked construction of the 90,000-square-foot ballroom after finding that the Trump administration should have first sought approval from Congress”: Ann E. Marimow of The New York Times has this report.

Justin Jouvenal, Dan Diamond, and Julian Mark of The Washington Post report that “Supreme Court clears way for White House ballroom construction to continue; The decision hands President Donald Trump a political victory in his controversial bid to oversee the largest addition to the executive mansion in decades.”

And David G. Savage and Michael Wilner of The Los Angeles Times report that “Supreme Court, in 5-4 vote, clears way for Trump’s new ballroom.”

Posted at 8:51 PM by Howard Bashman



“Politics and the Supreme Court: Are the Justices affected by the political party of the sitting President?” Cass Sunstein has this post at his Substack site.

Posted at 8:40 PM by Howard Bashman



“Dozens of federal judges describe intensifying threats in new report; One jurist paid to construct a safe room after the floor plan of their home was posted on the internet”: Joanna Slater of The Washington Post has this article.

The Brennan Center for Justice at New York University School of Law recently published a research report titled “Protecting Judges from Rising Threats.”

Posted at 8:37 PM by Howard Bashman



“Texas abortion funds ask federal panel to prevent prosecutions; After Dobbs, abortion funds sued local prosecutors over a pre-Roe statute, but the state says no one has been or will be criminally charged for enabling abortion-related travel”: Gabriel Tynes of Courthouse News Service has this report.

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit at this link.

Posted at 8:21 PM by Howard Bashman



Essays from Quinta Jurecic online today at The Atlantic: She has an essay titled “How the Right Could Actually End Birthright Citizenship: The conservative legal movement doesn’t consider the Supreme Court’s recent ruling to be the final word on the Fourteenth Amendment; And it already has a playbook for overturning it.”

And she also has an essay titled “The Fight Between Texas and Minnesota Should Never Have Gotten This Far; A legal battle over one ICE agent’s future is a sign of serious strain between red and blue America.”

Posted at 8:15 PM by Howard Bashman



“Supreme Court Allows Trump to Keep Building White House Ballroom; The green light means the project could largely be completed before a final ruling on its legality”: James Romoser and Lydia Wheeler of The Wall Street Journal have this report.

You can access today’s 5-to-4 per curiam decision of the U.S. Supreme Court at this link.

Posted at 4:20 PM by Howard Bashman



“From Top Civil Rights Post, She Spars With the Left, and Her Colleagues; Harmeet Dhillon, who leads the Justice Department’s civil rights unit, has extracted flashy agreements and personnel moves from big universities and sought to force states to turn over confidential voter data”: Glenn Thrush and Michael C. Bender of The New York Times have this report.

Posted at 3:06 PM by Howard Bashman



“Republicans bring TV ad rate war to Supreme Court; The high court was asked to take emergency action in a partisan fight over campaign spending on TV ads set off by the justices’ own ruling”: Kelsey Reichmann of Courthouse News Service has this report.

You can access the court filing at this link.

Posted at 2:36 PM by Howard Bashman



In the September 7, 2026 issue of The New Yorker: In The Talk of the Town section, Zach Helfand has an essay titled “All Rise! Coyote Court Is Now in Session; In the new film ‘Coyote vs. Acme,’ starring Will Forte, Wile E. Coyote demands justice from the company that keeps blowing him up; Here to weigh in is the personal-injury attorney Motorcycle Mike.”

And Daniel Immerwahr has a Books essay titled “Has the Supreme Court Sandbagged Democracy? A new legal history argues that the Justices should be stripped of their power to overrule coequal branches of government; It arrives at an awkward moment.”

Posted at 11:02 AM by Howard Bashman



“The day Larry Krasner’s office was put on trial — by his own prosecutors; Three lawyers who still work in the district attorney’s office testified about the sloppy handling of a bid to overturn a 2009 murder conviction — and accused their boss of a coverup”: Columnist Paul Davies has this essay online at The Philadelphia Inquirer.

Posted at 10:56 AM by Howard Bashman



“247. Should Purcell Apply to the Federal Government? The Supreme Court has never been asked to apply the ‘Purcell principle’ to a late-breaking injunction against a *federal* election-related rule. If the Court wants to be consistent, it shouldn’t.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:46 AM by Howard Bashman



“How Trump’s Policy Agenda Runs Through One Federal Court, in Texas; For years, conservative litigants flocked to Judge Reed O’Connor’s district; Now, North Texas has become a favorite destination of the Justice Department”: Zach Montague and Mattathias Schwartz of The New York Times have this report.

Posted at 8:44 AM by Howard Bashman



“Judicial Notice (08.30.26): Paying The Piper; Meta’s $18 billion settlement, two losses for the Trump administration in First Amendment cases, and another move by a star of the SCOTUS bar.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 8:40 AM by Howard Bashman



Sunday, August 30, 2026

“Bonus 246: Judicial Criticism and its Counterfeits; DHS General Counsel James Percival’s ‘Worst of the Worst’ judges series isn’t harsh commentary; it’s a litigant’s lawyer telling the judges hearing his cases what their rulings could cost them.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 11:38 AM by Howard Bashman



Friday, August 28, 2026

“Trump asks Supreme Court to allow military to discharge transgender troops; The high court could decide to hear the case in the term that begins in October”: Julian Mark of The Washington Post has this report.

Posted at 10:06 PM by Howard Bashman



“The White House says its ballroom is 65% complete. Its documents suggest otherwise. The claim, made in government filings to the Supreme Court, is contradicted by budget and other records.” Sarah Blaskey, Jonathan O’Connell, Dan Diamond, and Jarrett Ley of The Wall Street Journal have this report.

Posted at 9:57 PM by Howard Bashman



“Paramount Turns to a Heavy-Hitting Lawyer Who Likes Tough Clients; Beth Wilkinson is working on three of the most high-stakes media battles in years”: Jessica Toonkel of The Wall Street Journal has this report.

Posted at 9:55 PM by Howard Bashman



“The Timing of the US Government’s USPS Eventual Motion to SCOTUS in the Mail Ballot Case, and Insinuations about Justice Ketanji Brown Jackson’s Slow-Walking the Case”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 4:15 PM by Howard Bashman



“Judge Throws Out Key 9/11 Confession as Tainted by Torture; Prosecutors argued the statements by the defendant, Khalid Shaikh Mohammed, were crucial evidence for the eventual death-penalty trial”: Carol Rosenberg of The New York Times has this report.

Posted at 4:11 PM by Howard Bashman



“The Unitary Executive and Comey’s Vindictive Prosecution Claim; The government tries to have it both ways”: Jack Goldsmith has this post at the “Executive Functions” Substack site.

Posted at 3:21 PM by Howard Bashman