How Appealing



Tuesday, October 6, 2026

“Trump Approves Plan to Put Fort Hood Shooter to Death by Firing Squad; Nidal Hasan was sentenced to death in 2013 by a jury of fellow officers at the Texas Army base”: Anne Flaherty of The Wall Street Journal has this report.

Posted at 8:42 PM by Howard Bashman



“Girl asks Supreme Court to block Wash. state rules allowing trans athletes; The high court has upheld bans on transgender athletes on girls’ and women’s sports teams; It has not said whether states can allow them to participate”: Julian Mark of The Washington Post has this report.

You can access the court filing at this link.

Posted at 8:38 PM by Howard Bashman



“Boulder Gives Away Its Climate Game in the Suncor Case; There’s no limiting principle to its suit on harm from CO2”: This editorial will appear in Wednesday’s edition of The Wall Street Journal.

Posted at 8:26 PM by Howard Bashman



“University of Texas asks Fifth Circuit to unblock campus speech law; A Texas law passed in the wake of large-scale pro-Palestinian protests requires universities to ban all speech between 10 p.m. and 8 a.m. and to restrict expressive activities during the last two weeks of term”: Christina van Waasbergen 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 Fifth Circuit at this link.

Posted at 7:50 PM by Howard Bashman



“Trump administration continues to try to ban international students from attending Harvard; In an appeals hearing, Harvard urged judges to not let the administration set a ‘hugely dangerous precedent’”: Michaela Towfighi of The Boston Globe has this report.

Sebastian B. Connolly and Summer E. Rose of The Harvard Crimson report that “Government Lawyer Says Trump Likely to Reissue Ban on Harvard’s International Students if Court Order Lifted.”

Nina Pullano of Courthouse News Service reports that “Harvard fights DHS attempt to restore foreign student ban; The Trump administration claimed the sanction was punishment for Harvard leadership failing to crack down on pro-Palestinian protests and for failing to provide foreign student visa data that the university says it wasn’t required to maintain.”

And Brian Dowling of Bloomberg Law reports that “Trump Wants New Harvard Foreign Student Ban, DOJ Tells Court.”

You can access the audio of today’s oral argument before a three-judge panel of the U.S. Court of Appeals for the First Circuit at this link.

Posted at 7:42 PM by Howard Bashman



“The Oligarchy’s Bench: Ten Federal Judges Rewriting the American Economy.” Demand Justice and Groundwork Collaborative have posted this report online today.

Posted at 7:30 PM by Howard Bashman



“Justice Dept. Turns to Partisans and Conspiracists to Fill Depleted Ranks; The civil rights unit has recruited people whose questionable work histories and dearth of education and experience might have disqualified them in the past, former officials said”: Glenn Thrush of The New York Times has this report.

Posted at 5:40 PM by Howard Bashman



“Christa Pike Regains Consciousness After Her Failed Execution; The death row inmate in Tennessee received two doses of a lethal injection drug last week, but lived; She was taken from the execution chamber in an ambulance”: Emily Cochrane of The New York Times has this report.

And Brady Dennis, Katie Mettler, and Mark Berman of The Washington Post report that “Christa Pike is conscious and speaking after failed execution, attorneys say; Tennessee tried and failed to execute her by lethal injection last week. She remains hospitalized.”

Posted at 5:35 PM by Howard Bashman



“Pauline Newman Disability Probe Transferred to Eleventh Circuit”: Michael Shapiro of Bloomberg Law has this report (subscription required for full access).

You can view today’s order disclosing the proceeding at this link.

Posted at 4:30 PM by Howard Bashman



“Judge’s active role at PR firm prompts ethics complaint from senators; Democratic Sens. Chris Coons and Lisa Blunt Rochester are calling out Judge Jennifer Mascott for actively managing a Washington public affairs firm while on the bench”: Daniel Barnes and Jacob Wendler of Politico have this report.

You can access the judicial misconduct complained at this link.

Posted at 3:25 PM by Howard Bashman



“Oil Companies Are Begging the Supreme Court to Let Them Off the Hook For Climate Change; State courts might be the last, best hope for holding polluters accountable”: Madiba K. Dennie has this essay online at Balls and Strikes.

Posted at 3:20 PM by Howard Bashman



“Lurching Through The Audition Trap; Do we reward judges who audition or who refuse to audition?” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 2:11 PM by Howard Bashman



“Zombie Originalism: Samuel Alito’s efforts to revamp the conservative legal philosophy reveal that a new movement is ascendant.” Law professor Jack Goldsmith has this essay online at The Atlantic.

Posted at 12:33 PM by Howard Bashman



“Justice Samuel Alito on Originalism, ‘Speechifying’ Colleagues, and Media Caricatures”: Wall Street Journal Opinion has posted this video on YouTube.

Posted at 11:45 AM by Howard Bashman



“Supreme Court’s Alito Says a Democratic Senate Win Won’t Prompt Quick Retirement”: Greg Stohr of Bloomberg News has this report.

Posted at 10:42 AM by Howard Bashman



“256. So Unexplained: Justice Alito’s Non-Responsive Emergency Docket Defense; Justice Alito‘s new book purports to answer the Court’s shadow docket critics — by rebutting a caricature and by ignoring the ways in which his own behavior has contradicted nearly every claim he makes.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:50 AM by Howard Bashman