How Appealing



Wednesday, June 10, 2026

“Montana Supreme Court certifies ballot measure on corporate election spending; The high court removed one sentence from the attorney general’s ballot statement, calling it argumentative”: Alan Riquelmy of Courthouse News Service has this report.

You can access Tuesday’s decision of the Supreme Court of Montana at this link.

Posted at 8:27 PM by Howard Bashman



“Why the Supreme Court Is Debating Which Founding Fathers Were Drunks; The court’s docket increasingly features bizarre historical arguments; ‘John Adams took a tankard of hard cider with his breakfast’”: James Romoser of The Wall Street Journal has this report.

Posted at 8:24 PM by Howard Bashman



“Supreme Court set to rule on Trump, GOP policy goals ahead of summer recess; President Donald Trump’s agenda looms large at the Supreme Court as the justices prepare to ink rulings on mail-in ballots, executive branch firings and immigration”: Kelsey Reichmann of Courthouse News Service has this report.

Posted at 8:14 PM by Howard Bashman



“Judicial Independence is the Cornerstone of Democracy; Judge J. Michael Luttig and Gregg Nunziata in conversation on the inaugural episode of the Checks & Balances podcast”: You can access today’s episode of the “Checks & Balances” podcast via this link.

Posted at 7:24 PM by Howard Bashman



“Senators Press 8th Circuit Pick on His Vow Not to Hire Columbia Law Clerks”: Avalon Zoppo of The National Law Journal has this report.

Olivia Alafriz of Bloomberg Law reports that “GOP Senator Warns Trump Court Pick Over Columbia Protests Letter.”

Mary Steurer of North Dakota Monitor reports that “North Dakota judicial nominee questioned on political views during Senate hearing.”

And at his “nomination notes” Substack site, Patrick McNeil has a post titled “Judicial nominees try out ‘new script’ for answering questions; Nominees are now saying Joe Biden won the 2020 election ‘as a matter of law.’

Posted at 7:22 PM by Howard Bashman



“The AP’s Mark Sherman Retiring from the Supreme Court Beat at the End of June”: Rick Hasen has this post at his “Election Law Blog.”

Posted at 7:18 PM by Howard Bashman



“News publishers take fight over copyright of embedded content to Fifth Circuit; A newspaper company argues the news aggregator NewsBreak has violated its copyright to its online articles by displaying embedded versions on its app”: Christina van Waasbergen of Courthouse News Service recently had this report.

As Brian Downing noted today, the “How Appealing” blog and its author were mentioned in questioning from the bench at the oral argument (around minute 39).

Posted at 7:14 PM by Howard Bashman



“Why Callais Doesn’t Justify Court-Packing; To the extent Callais is a problem, it can be better addressed by steps such as banning gerrymandering”: Ilya Somin has this post at the “Lawfare” blog.

Posted at 7:09 PM by Howard Bashman



“The Fifth Circuit’s Chance to Expose the Inflation Reduction Act’s Unconstitutionality; The Biden-era drug-pricing program may or may not ultimately survive constitutional review”: Jeff Stier has this post at Civitas Outlook.

Posted at 2:23 PM by Howard Bashman



“‘A Simple Ambition—The Very Best Appellate Practice’: Kannon Shanmugam; One of the nation’s leading SCOTUS advocates explains his move from Paul Weiss to Davis Polk — and what’s driving Biglaw’s appellate arms race.” You can access today’s new episode of David Lat’s “Original Jurisdiction” podcast via this link.

Posted at 2:15 PM by Howard Bashman



Tuesday, June 9, 2026

“California’s slow vote count faces changes as Supreme Court decision on late ballots looms”: Kevin Rector of The Los Angeles Times has this report.

Posted at 9:52 PM by Howard Bashman



“The Supreme Court’s Latest Blow to Black Voters’ Rights; An unsigned order in an Alabama case rewards the state for engaging in what a lower court called ‘intentional racial discrimination’”: Ruth Marcus has this essay online at The New Yorker.

Posted at 9:50 PM by Howard Bashman



“Blanche Was Once Seen as Tempering Trump’s Tactics. Now He’s All In. The ascendancy of Todd Blanche shows how the practices that were initially deemed out of bounds even in President Trump’s Justice Department seem to be the order of the day.” Glenn Thrush of The New York Times has this report.

Posted at 9:24 PM by Howard Bashman



“Trump seeks to continue BBC defamation suit; Attorneys defend the president’s delays in preparing a response to the media company’s motion to dismiss”: Alex Pickett of Courthouse News Service has this report.

Posted at 8:55 PM by Howard Bashman



“Conviction of Jackson Co. man tied to Whitmer kidnap plot gets vacated”: Beth LeBlanc of The Detroit News has this report.

Mitch Smith of The New York Times reports that “Court Overturns Convictions Tied to Whitmer Kidnapping Plot; The state appellate court vacated the convictions of Joseph Morrison, ruling that the trial judge had provided flawed instructions to the jury.”

And Eric Heisig of Bloomberg Law reports that “Whitmer Kidnapping Plotter’s Convictions Thrown Out on Appeal.”

You can access today’s decision of the Michigan Court of Appeals at this link.

Posted at 8:52 PM by Howard Bashman



“FDA defends heightened review requirement for flavored vapes at Fifth Circuit; The FDA instituted a requirement that vape makers show that vapes with candy or fruit flavorings are more effective than tobacco-flavored vapes at getting smokers to switch from cigarettes”: Christina van Waasbergen of Courthouse News Service has this report.

Posted at 8:44 PM by Howard Bashman



“Read the grand jury transcripts that tanked the controversial ‘Broadview Six’ case; The case revolved around a September protest and collapsed last month amid revelations of apparent prosecutorial misconduct during the grand jury proceedings”: Jon Seidel of The Chicago Sun-Times has this report.

Matt Masterson of Chicago PBS station WTTW has a report headlined “‘Crock of S–t’: Unsealed Grand Jury Transcripts Detail Alleged Prosecutorial Misconduct in ‘Broadview Six’ Case.”

And at his “All Rise News” Substack site, Adam Klasfeld has a post titled “Grand juror called ‘Broadview Six’ case a ‘crock of sh*t’ before it crumbled; A federal judge ordered the release of the bombshell transcripts today to investigate potential prosecutorial misconduct.”

Posted at 8:42 PM by Howard Bashman



“Kat Von D’s Miles Davis tattoo will get a closer look by full Ninth Circuit; The appellate court will have a new hearing before 11 judges in September at which they may consider if its current test for evaluating copyright infringement claims needs to be replaced”: Edvard Pettersson of Courthouse News Service has this report.

You can view today’s order of the U.S Court of Appeals for the Ninth Circuit granting rehearing en banc at this link.

Posted at 8:30 PM by Howard Bashman



“Equity and judicial orders close in time to an election”: Derek Muller has this post at the “Election Law Blog.”

Posted at 7:50 PM by Howard Bashman



“How to Save the Supreme Court From Itself | The David Frum Show”: The Atlantic recently posted this video on YouTube.

Posted at 5:09 PM by Howard Bashman



“The High Stakes of the Blanche Nomination; The Senate’s responsibility far exceeds the questions about this particular nominee”: Bob Bauer has this post at the “Executive Functions” Substack site.

Posted at 2:36 PM by Howard Bashman



“The Supreme Court Will Choose Between Church and State Once Again; The high court will once again wade into a collision between church and state — and choose between two wildly different ideas of religious pluralism”: Matt Ford has this essay online at The New Republic.

Posted at 10:58 AM by Howard Bashman



“Trump’s latest ‘voter fraud’ claims may backfire on him in the fall; The pushback against his claims about California’s primaries will inoculate the public against similar unsupported charges in November’s midterms”: Law professor Richard L. Hasen has this essay online at MS Now.

Posted at 10:52 AM by Howard Bashman



“The White House is digging in on tariff refunds; The administration has processed more than half the $166 billion it illegally collected but is resisting paying back billions more”: Ari Hawkins of Politico has this report.

Posted at 10:50 AM by Howard Bashman



Monday, June 8, 2026

“What Judge Wood Did Not Say About Judge Ross’s Misconduct; She says nothing about Judge Ross’s dishonesty, nothing about the private reprimand, and nothing about Pauline Newman”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 11:05 PM by Howard Bashman



“Trump Nominates Blanche for Attorney General, Setting Up Confirmation Fight; As acting attorney general, Todd Blanche has shown a willingness to execute the president’s maximalist demands. Whether the Senate will confirm him remains unclear”: Devlin Barrett and Glenn Thrush of The New York Times have this report.

And Jeremy Roebuck of The Washington Post reports that “Trump formally nominates Todd Blanche to serve as attorney general; Blanche is likely to face an uncertain confirmation battle in the Senate.”

Posted at 8:44 PM by Howard Bashman