How Appealing



Tuesday, September 29, 2026

“Miles Davis tattoo calls Ninth Circuit’s infringement test into question; The Ninth Circuit uses two tests to determine copyright infringement tests, one of which relies on the subjective ‘total concept of feel’ between two works”: Edvard Pettersson of Courthouse News Service has this report.

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s en banc oral argument on YouTube.

Posted at 9:48 PM by Howard Bashman



“Washington defends religious hiring law before full Ninth Circuit; It’s not the first time the Ninth Circuit has taken on the Union Gospel Mission of Yakima’s claims that a state antidiscrimination law prevented it from hiring only those who believed in its mission”: Monique Merrill of Courthouse News Service has this report.

The U.S. Court of Appeals for the Ninth Circuit has posted the video of today’s en banc oral argument on YouTube.

Posted at 9:44 PM by Howard Bashman



“Clarence Thomas, Stalwart for the Constitution; Ted Cruz’s new biography looks back admiringly at the justice’s first 35 years on the Supreme Court”: Columnist Jason L. Riley will have this op-ed in Wednesday’s edition of The Wall Street Journal.

Posted at 9:38 PM by Howard Bashman



“Supreme Court Allows Rapid Third-Country Deportations, for Now; The court also announced it would hear arguments in December on the legality of the Trump administration policy to swiftly deport immigrants to countries not their own”: Abbie VanSickle of The New York Times has this report.

Julian Mark and Justin Jouvenal of The Washington Post report that “Supreme Court allows ‘third country’ deportations to resume for now; The high court will later hear arguments and make a final ruling on the Trump administration’s controversial policy of sending migrants to countries where they are not citizens.”

Josh Gerstein of Politico reports that “Supreme Court lets Trump resume third-country deportations; But the justices will hear oral arguments in December on the legality of the policy.”

And Kelsey Reichmann of Courthouse News Service reports that “Supreme Court yields to Trump, giving feds free rein on third-country deportations; Immigrant advocates say the Trump administration’s third-country deportation policy left their clients to face prolonged and arbitrary detention, beatings, sexual assault and even disappearance.”

You can access today’s order of the U.S. Supreme Court at this link.

Posted at 6:00 PM by Howard Bashman



“Justice Alito’s Climate Case Recusal; The Court hasn’t said why, but Suncor v. Boulder County now could split 4-4”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 5:54 PM by Howard Bashman



“Appeals court seems likely to let Boasberg’s contempt probe continue; The appeals court seemed to favor giving U.S. District Judge James Boasberg more leeway to continue probing whether officials flouted his orders when they deported hundreds of Venezuelans to El Salvador”: Josh Gerstein of Politico has this report.

Jan Wolfe of Reuters reports that “US appeals court mulls contempt probe over Trump deportation flights.”

Derek Hawkins of The Washington Sun reports that “Some Judges Sound Open to Restarting Contempt Probe in El Salvador Deportation Case; An appeals court heard oral arguments Tuesday over Judge James Boasberg’s review of whether Trump administration officials defied his court order.”

And Ryan Knappenberger of Courthouse News Service reports that “Full DC Circuit grills DOJ in bid to block contempt probe over El Salvador deportations; A federal judge’s finding that there was probable cause the Trump administration willfully ignored court orders and could face criminal contempt proceedings has been on hold since April 2025.”

You can access the audio of today’s en banc oral argument of the U.S. Court of Appeals for the D.C. Circuit at this link.

Posted at 5:48 PM by Howard Bashman



“Suncor v. Boulder: Why the Constitution and the Clean Air Act Leave Deception-Based Climate Claims Standing.” Michael Burger has this post at the “Just Security” blog.

Posted at 1:22 PM by Howard Bashman



“Supreme Court Ruling On Disputed Election May Conflict With State Law; The high court struck down a state-ordered election in House District 43 resulting from a lauhala basket tiebreaker; The remedy is now being called into question”: Chad Blair of Honolulu Civil Beat has this report.

Posted at 1:20 PM by Howard Bashman



“[P]laintiff Joseph Terborg submitted a notice of claim to the Town of Payson and others (collectively, the ‘Town’) offering to settle his personal injury claim for ‘one hundred thousand dollars ($250,000).’ We conclude that because the written and numerical amounts for the settlement offer conflict, Terborg failed to comply with § 12-821.01(A)’s specific-amount requirement.” So ruled the Supreme Court of Arizona in a decision issued last Thursday.

In news coverage, Howard Fischer of Arizona Capitol Times reports that “AZ Supreme Court tosses lawsuit against Payson due to apparent typo.”

Posted at 1:14 PM by Howard Bashman



“Why ‘Let’s go, Brandon’ is worth a legal fight; The effort to regulate the ‘profane’ political slogan runs up against decades of Supreme Court precedent”: Conor Fitzpatrick has this essay online at The Washington Post.

Posted at 1:02 PM by Howard Bashman



“Will the EDPa. Investigate Krasner? We Won’t Know for a While. Although court watchers said that much of what happens from here on out will be unknown to the public, one thing seems likely: federal prosecutors will investigate.” Max Mitchell and Riley Brennan of The Legal Intelligencer have this report.

Posted at 10:30 AM by Howard Bashman



“Junior Lawyers Shouldn’t Shrink From Surplus DOJ Job Openings”: Martin Weinstein has this essay online at Bloomberg Law.

Posted at 10:26 AM by Howard Bashman



“It Was the Essential Home of Supreme Court News. Now It’s a Joke. What Happened?” Online at Slate, Jay Willis has a Jurisprudence essay that begins, “Earlier this month, SCOTUSblog hosted its annual Supreme Court ‘summit’ in Washington.”

Update: The essay is also available via Balls and Strikes under the headline “The Conservative Takeover of SCOTUSblog Is Just What the Supreme Court Needed; SCOTUSblog used to cover the Supreme Court; Now, it cheers for it.”

Posted at 8:32 AM by Howard Bashman