How Appealing



Tuesday, September 22, 2026

“Supreme Court Order Gives Parents Custody of Baby in Surrogacy Fight; A surrogate refused to have an abortion after the fetus was diagnosed with a serious heart problem; She asked the justices to block a court order giving custody to the biological parents”: Ann E. Marimow and J. David Goodman of The New York Times have this report.

Julian Mark, Praveena Somasundaram, and Justin Jouvenal of The Washington Post report that “Kagan declines appeal from surrogate mother who refused to get abortion; McKenna West gave birth to a child with a serious heart defect against the wishes of the biological parents; She has been fighting for a say in the baby’s care, but the Supreme Court will not get involved.”

And Louise Radnofsky of The Wall Street Journal reports that “Supreme Court Turns Away Surrogate Appeal in Messy Custody Fight; Dispute over infant with heart defect touched on abortion and parental rights.”

Posted at 9:34 PM by Howard Bashman



“Arkansas pushes Eighth Circuit to revive Ten Commandments requirement in schools; A group of parents claim the law violates students’ constitutional rights, but the state argues there’s nothing coercive about a poster”: Joe Harris 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 Eighth Circuit at this link.

Posted at 9:28 PM by Howard Bashman



“I’m Nebraska’s attorney general. No state can dictate the law for America. Each state is sovereign. Colorado must not have heard.” Nebraska Attorney General Mike Hilgers has this essay online at The Washington Post.

Posted at 8:36 PM by Howard Bashman



“Is it time to rethink the office of the chief justice of the United States?” Russell Wheeler has this post at “SCOTUSblog.”

Posted at 8:32 PM by Howard Bashman



“Trump asks Supreme Court to allow DHS detention of pro-Palestinian scholar”: Stephen Dinan of The Washington Times has this report.

You can access the petition for writ of certiorari at this link.

Posted at 8:28 PM by Howard Bashman



“How States Are Pushing Back Against the Supreme Court’s Citizens United Decision; As it turns out, normal people do not like political corruption as much as the conservative legal movement does”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 8:20 PM by Howard Bashman



“Man challenging 150-year-old ban on making liquor at home hopes Supreme Court takes his case; Home-brewing enthusiast wants to distill small quantities of spirits at home for himself and his wife”: Teresa Mull of Fox News has this report.

Posted at 8:16 PM by Howard Bashman



“Appeals court’s Capitol steps ruling may signal trouble for Trump on media ban; The D.C. Circuit reaffirmed Tuesday that government restrictions on First Amendment activity must be ‘viewpoint neutral’”: Kyle Cheney and Josh Gerstein of Politico have this report.

Ryan Knappenberger of Courthouse News Service reports that “DC Circuit sides with minister in battle over Capitol steps protests; In a split decision, Trump appointee Neomi Rao ruled the Eastern Steps of the U.S. Capitol are a nonpublic forum and a ‘demonstration ban’ was too restrictive under the First Amendment.”

And Suzanne Monyak of Bloomberg Law reports that “Protest Limits on Capitol Steps Infringe Free Speech, Court Says.”

You can access today’s decision of a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 3:57 PM by Howard Bashman



“Drunken-Driving US Judge Agrees to Counseling for Misconduct”: Eric Heisig of Bloomberg Law has this report.

You can access yesterday’s order of the Judicial Council of the Sixth Circuit at this link.

Posted at 12:40 PM by Howard Bashman



“Listening to the Law: An Evening With Amy Coney Barrett.” UVA Karsh Institute of Democracy has posted this video on YouTube.

Posted at 11:26 AM by Howard Bashman



“The Tell: Chapters 5 and 6; Alec Gores kept inviting Tom Goldstein back to his Beverly Hills mansion; By the end, Gores had lost $26 million; In Manila, the billionaire known as Tango had rated Goldstein a weak player; What he saw at the table made him suspect the lawyer was being coached.” Bradley Hope has this post online at The Foundry.

Posted at 9:32 AM by Howard Bashman



“The Thomas and Kavanaugh Hearings Restaged as a Theatre of Fact; ‘The Ford/Hill Project,’ a documentary play, may capture recent events, but it’s a product of the present: activist theatre in a moment when the idea of civic urgency is losing purchase.” Doreen St. Félix has this Critic’s Notebook online at The New Yorker.

Posted at 7:48 AM by Howard Bashman



“Antonin Scalia Prepares for His Confirmation Hearing; An insider’s account of choking up, running, eye rolling, and a smoking warning”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 7:34 AM by Howard Bashman