How Appealing



Saturday, September 12, 2026

“‘Is Court Packing Constitutional?’ and Other Questions Easily Answered By Reading the Constitution; The Constitution empowers Congress to set the number of justices on the Supreme Court; Only one columnist dares to ask: What if it didn’t?” Jay Willis has this essay online at Balls and Strikes.

Posted at 11:50 PM by Howard Bashman



“Capitulation Nation: Big Law and SCOTUS are among the ‘profiles in cowardice’ in Trump 2.0; Jacob Weisberg on who buckled, and why.” You can access today’s new episode of Slate’s “Amicus” podcast via this link.

Posted at 11:47 PM by Howard Bashman



“Court Strikes Down Trump Order to Keep an Aging Coal-Burning Plant Running; The 64-year-old Michigan power plant was set to retire; Then the Trump administration intervened in a way that overstepped its authority, a court ruled”: Claire Brown and Brad Plumer of The New York Times have this report.

And Niina H. Farah of Politico reports that “Court deals first blow to Trump’s coal rescue campaign; The ruling casts a pall on the administration’s orders requiring six coal plants across the country to stay online past their retirement dates.”

You can access yesterday’s decision of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 11:32 AM by Howard Bashman



“Fifth Circuit: The Constitution Does Not Prevent the Government From Poisoning Your Drinking Water; By defining constitutional rights as narrowly as possible, conservative judges make it very easy for them to conclude that those rights do not exist.” Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 11:27 AM by Howard Bashman



“ACLJ Defends Professor and Former Trump Lawyer John Eastman From Politicized Disbarment”: Jay Sekulow and Jordan Sekulow have this essay online at Townhall.

You can view a copy of the petition for writ of certiorari, which has been redacted to remove counsel’s office addresses, at this link.

Posted at 11:15 AM by Howard Bashman



“John Roberts Is Not an ‘Institutionalist’; Based on recent history, if Roberts is the ‘only person’ who can preserve the Smithsonian’s independence, the Smithsonian’s independence should be dead by the end of June”: Jay Willis has this post at his “Balls & Strikes” Substack site.

Posted at 11:10 AM by Howard Bashman