How Appealing



Friday, January 9, 2026

“Hotel dispute with Trump administration tests rarely cited constitutional rights; Would the Third Amendment apply to Minnesota hotel owners who refused to accommodate ICE agents? The answer is unclear, say legal experts — but the Constitution’s least-cited amendment may remain a relevant check on expanding executive authority.” Benjamin S. Weiss of Courthouse News Service has this report.

Posted at 9:30 PM by Howard Bashman



“Supreme Court, Swamped by Emergencies, Neglects Rest of Docket; Only once in the modern era have the justices taken this long to issue their first decision — and when it came, it wasn’t the hotly anticipated case on President Trump’s tariffs”: Adam Liptak of The New York Times has this report.

Holly Barker of Bloomberg Law reports that “Supreme Court Resolves Split Over Federal Inmates’ Habeas Rights.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court axes ‘artificial’ limit blocking relief for federal prisoners; A Florida man’s complex jurisdictional appeal forced the justices to wrestle with whether Congress could strip the high court of authority to reign supreme over federal law.”

Posted at 9:14 PM by Howard Bashman



“The Allegedly ‘Pro-Rich’ Supreme Court: The media’s hot new study reveals its progressive premises, not reality.” The Wall Street Journal has published this editorial.

Posted at 8:44 PM by Howard Bashman



“Supreme Court Clerk Hiring Watch: Happy New Hires; The latest SCOTUS clerk hires, a cornucopia of scholarship related to Supreme Court clerks and clerkships, and an ethics question from Reddit.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 4:12 PM by Howard Bashman



“Court throws out Sept.11-era convictions on First Amendment grounds; Ali Al-Timimi was convicted of encouraging people to fight the U.S. overseas”: Josh Gerstein of Politico has this report.

And Joe Dodson of Courthouse News Service reports that “Fourth Circuit clears Muslim scholar who encouraged jihad after 9/11; An appeals panel ordered a lower court to acquit Ali Al-Timimi after he spent over two decades in custody for his role in encouraging fellow Muslims to fight alongside the Taliban.”

You can access today’s ruling of the U.S. Court of Appeals for the Fourth Circuit at this link.

Posted at 3:08 PM by Howard Bashman



“Supreme Court Audition Watch: James Ho Is In a Dark, Desperate Place; The federal judiciary’s sweatiest blogger is back with even more thoughts about ‘cultural elites.’” Jay Willis has this post at his “Balls & Strikes” Substack site.

Posted at 12:55 PM by Howard Bashman