How Appealing



Thursday, August 27, 2026

“The Boat Strikes Aren’t Part of a War. They’re Murder. By debating war powers and war crimes, Congress is missing the simpler, graver truth: The president is directing summary executions.” Sarah Elaine Harrison has this post at the “Lawfare” blog.

Posted at 9:50 PM by Howard Bashman



“Q&A with Justice Neil Gorsuch on the Heroes of the American Revolution; Justice Neil Gorsuch talked about his children’s book, Heroes of 1776, about the signers of the Declaration of Independence and other, lesser-known revolutionaries who fought for independence from the British”: C-SPAN has posted this video online.

Posted at 9:48 PM by Howard Bashman



“The Media’s Lawfare Enabling; Legal journalists who know better cheer on meritless lawsuits against Trump”: Columnist Kimberley A. Strassel will have this op-ed in Friday’s edition of The Wall Street Journal.

Posted at 9:24 PM by Howard Bashman



“The Supreme Court Isn’t Interested in Facts; In decision after decision, the conservative justices are ignoring the evidentiary record that lower courts have worked hard to establish”: Duncan Hosie has this essay online at The Atlantic.

Posted at 9:22 PM by Howard Bashman



“Donald Trump vs. Lisa Cook, Round II; The Supreme Court let the President try a second pretextual firing; Now he might”: The Wall Street Journal has published this editorial.

Posted at 8:42 PM by Howard Bashman



“App Case Splits Circuits Over Embedded Media Copyright Test”: Kyle Jahner and Annelise Levy of Bloomberg News have this report (subscription required for full access).

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

My earlier coverage of this appeal’s oral argument can be accessed here.

Update: In other coverage, Christina van Waasbergen of Courthouse News Service reports that “Fifth Circuit sides with news aggregator in copyright battle; The appeals panel also determined that some URLs could count as copyright management information, which could have implications for linking back and forth on the internet.”

Posted at 8:24 PM by Howard Bashman



“Secrecy in Lawsuits Has ‘Run Amok,’ Scholars Say; Two recent studies say judges are not doing enough to protect the public interest in openness”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.

Posted at 2:50 PM by Howard Bashman



“A federal judge suggested actions by DA Larry Krasner’s office in a controversial appellate case could amount to crimes; The judge’s comment was the latest development in the case, which has already featured explosive accusations about how prosecutors behaved while weighing whether to reverse a murder conviction”: Chris Palmer of The Philadelphia Inquirer has this report.

Posted at 2:48 PM by Howard Bashman