How Appealing



Wednesday, June 10, 2026

“Delaware Supreme Court hears arguments over constitutionality of age-restricted gun law; Delaware gun rights advocates cheered last year’s overturning of the gun control law, but took issue with the court’s method”: Sarah Mueller of WHYY has this report.

The Supreme Court of Delaware has posted this video of today’s oral argument on Vimeo.

Posted at 9:18 PM by Howard Bashman



“US Refunds $22 Billion in Tariffs, Offsetting Customs Revenue”: Daniel Flatley and Laura Curtis of Bloomberg News has this report.

Posted at 8:57 PM by Howard Bashman



“Alabama AG’s office appeals ruling declaring nitrogen gas executions unconstitutional; A federal judge Tuesday ruled that Jeffery Lee had shown the method was cruel and unusual punishment and that death by firing squad was a feasible alternative”: Ralph Chapoco of Alabama Reflector has this report.

Posted at 8:55 PM by Howard Bashman



“In Memoriam: Jake Dear, Chief Supervising Attorney of the California Supreme Court; Devoted public servant helped shape 40 years of California jurisprudence.” Merrill Balassone of California Courts Newsroom has written this news release.

Posted at 8:46 PM by Howard Bashman



“The Supreme Court Doesn’t Own the Constitution”: Columnist Jamelle Bouie has this essay online at The New York Times.

Posted at 8:42 PM by Howard Bashman



“Montana Supreme Court certifies ballot measure on corporate election spending; The high court removed one sentence from the attorney general’s ballot statement, calling it argumentative”: Alan Riquelmy of Courthouse News Service has this report.

You can access Tuesday’s decision of the Supreme Court of Montana at this link.

Posted at 8:27 PM by Howard Bashman



“Why the Supreme Court Is Debating Which Founding Fathers Were Drunks; The court’s docket increasingly features bizarre historical arguments; ‘John Adams took a tankard of hard cider with his breakfast’”: James Romoser of The Wall Street Journal has this report.

Posted at 8:24 PM by Howard Bashman



“Supreme Court set to rule on Trump, GOP policy goals ahead of summer recess; President Donald Trump’s agenda looms large at the Supreme Court as the justices prepare to ink rulings on mail-in ballots, executive branch firings and immigration”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 8:14 PM by Howard Bashman



“Judicial Independence is the Cornerstone of Democracy; Judge J. Michael Luttig and Gregg Nunziata in conversation on the inaugural episode of the Checks & Balances podcast”: You can access today’s episode of the “Checks & Balances” podcast via this link.

Posted at 7:24 PM by Howard Bashman



“Senators Press 8th Circuit Pick on His Vow Not to Hire Columbia Law Clerks”: Avalon Zoppo of The National Law Journal has this report.

Olivia Alafriz of Bloomberg Law reports that “GOP Senator Warns Trump Court Pick Over Columbia Protests Letter.”

Mary Steurer of North Dakota Monitor reports that “North Dakota judicial nominee questioned on political views during Senate hearing.”

And at his “nomination notes” Substack site, Patrick McNeil has a post titled “Judicial nominees try out ‘new script’ for answering questions; Nominees are now saying Joe Biden won the 2020 election ‘as a matter of law.’

Posted at 7:22 PM by Howard Bashman



“The AP’s Mark Sherman Retiring from the Supreme Court Beat at the End of June”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 7:18 PM by Howard Bashman



“News publishers take fight over copyright of embedded content to Fifth Circuit; A newspaper company argues the news aggregator NewsBreak has violated its copyright to its online articles by displaying embedded versions on its app”: Christina van Waasbergen of Courthouse News Service recently had this report.

As Brian Downing noted today, the “How Appealing” blog and its author were mentioned in questioning from the bench at the oral argument (around minute 39).

Posted at 7:14 PM by Howard Bashman



“Why Callais Doesn’t Justify Court-Packing; To the extent Callais is a problem, it can be better addressed by steps such as banning gerrymandering”: Ilya Somin has this post at the “Lawfare” blog.

Posted at 7:09 PM by Howard Bashman



“The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality; The Biden-era drug-pricing program may or may not ultimately survive constitutional review”: Jeff Stier has this post at Civitas Outlook.

Posted at 2:23 PM by Howard Bashman



“‘A Simple Ambition—The Very Best Appellate Practice’: Kannon Shanmugam; One of the nation’s leading SCOTUS advocates explains his move from Paul Weiss to Davis Polk — and what’s driving Biglaw’s appellate arms race.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.

Posted at 2:15 PM by Howard Bashman