How Appealing



Monday, October 5, 2026

“How the Midterms Could Complicate the Supreme Court’s New Term; Even before the justices start their new term on Monday, the court has spent the summer resolving fast-moving requests on election-related disputes”: Ann E. Marimow and Abbie VanSickle of The New York Times have this report.

Posted at 1:02 PM by Howard Bashman



“Catholic schools, banned rifles and ‘climate lawfare’: Blockbuster fights await Supreme Court; Justices will decide how far states can go in restricting guns, requiring citizenship proof and suing oil companies.” Elaine Mallon of Fox News has this report.

Posted at 1:00 PM by Howard Bashman



“Some Democrats don’t expect to fill a Supreme Court vacancy under Trump; Democrats need a net gain of four seats to capture the Senate; If so, they’d control what happens in a vacancy, as Justice Samuel Alito admits he’s thought about retirement”: Sahil Kapur of NBC News has this report.

Posted at 12:58 PM by Howard Bashman



“Cruel and Unusual, Bought and Paid For: Christa Pike’s botched execution exposes the horrors of lethal injection; Plus, the court that fossil fuels bought.” You can access the new episode of Slate’s “Amicus” podcast via this link.

Posted at 10:36 AM by Howard Bashman



“Justice Samuel Alito reacts to Trump jabs: ‘We are not attempting to further any political agenda.’” CBS Mornings has posted this video on YouTube.

Posted at 10:34 AM by Howard Bashman



“As election looms, Supreme Court reconvenes to new wave of Trump cases; Climate change, guns and religion in schools are among cases headed to SCOTUS”: Devin Dwyer of ABC News has this report.

Posted at 9:08 AM by Howard Bashman



“The Supreme Court is back. These five cases could reshape American life. The justices open their new term Monday with a docket spanning gun rights, election integrity and religious liberty.” Carrie Severino has this essay online at Fox News.

Posted at 9:06 AM by Howard Bashman



“255. Closing the Book on OT2025: As the October 2026 Term officially begins, it’s worth taking a moment to highlight the *real* final statistics for the Supreme Court’s output during the October 2025 Term.” Steve Vladeck has this post at his “One First” Substack site.

Posted at 8:58 AM by Howard Bashman



Sunday, October 4, 2026

“Judicial Notice (10.04.26): The Horror, The Horror; Viral moments for Senators Schmitt and Britt, Justice Alito’s retirement reflections, a great week for Latham, and more movement in the Supreme Court bar.” David Lat has this post at his “Original Jurisdiction” Substack site.

Posted at 10:26 PM by Howard Bashman



“Court Tosses ​​Sentence After A.I. Video of Victim ‘Forgiving’ His Killer Is Played; An appellate court in Arizona threw out the prison sentence of a man convicted of manslaughter after an A.I.-generated video of his victim was played in court”: Adeel Hassan of The New York Times has this report.

You can access last Wednesday’s decision of the Arizona Court of Appeals, Division One, at this link.

Posted at 9:52 PM by Howard Bashman



“Alito says he knows who leaked Supreme Court draft opinion overturning Roe v. Wade”: Susan Ferrechio of The Washington Times has this report.

Posted at 9:20 PM by Howard Bashman



“Alito says there is ‘concerted effort’ to intimidate Supreme Court; The longtime justice said he is ‘concerned about the future of the court’ amid growing calls for reform”: Cheyanne M. Daniels of Politico has this report.

Posted at 9:15 PM by Howard Bashman



“Boulder County Wants to Smash ‘Abundance’; The Supreme Court hears a case in which the Colorado locality seeks to make energy more expensive”: Cory L. Andrews has this essay online at The Wall Street Journal.

Posted at 8:32 PM by Howard Bashman



“Trump is putting a generation of young judges on the bench — for life; Trump has nominated at least 33 people in their 30s to lifetime federal judgeships”: Erica Orden of Politico has this report.

Posted at 8:17 PM by Howard Bashman



“Justice Alito: This was a ‘STRESS TEST’ of our constitutional rights.” Fox News Clips has posted this video on YouTube.

Posted at 6:48 PM by Howard Bashman



“Immigration, religion and AR-15s on Supreme Court’s early docket as justices open new term”: Stephen Dinan of The Washington Times has this report.

Posted at 1:46 PM by Howard Bashman



“A Supreme Court Battle Over Climate Change Begins; The justices are about to hear a lawsuit that could determine whether the oil industry faces billions of dollars in liability for damages caused by global warming”: Karen Zraick of The New York Times has this report.

Justin Jouvenal of The Washington Post has an article headlined “Should Big Oil pay for climate change? A Supreme Court case will help decide. Boulder, Colo., is hoping its novel lawsuit will be the environmental equivalent of the landmark litigation that produced billions in damages and settlements against Big Tobacco and opioid makers.”

David G. Savage of The Los Angeles Times reports that “Supreme Court to weigh whether oil companies can be forced to pay for climate damage.”

And Maureen Groppe and Trevor Hughes of USA Today have an article headlined “‘Rich hippies’ versus big oil. Supreme Court hears landmark climate change case. The case, the first the Supreme Court will hear when the justices return from their summer break on Oct. 5, is also one of the biggest it will consider this term.”

Posted at 1:44 PM by Howard Bashman



“Comparing the Credentials Of Three Decades of Fifth Circuit Nominees; The Butler didn’t do it”: Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 1:35 PM by Howard Bashman



“Pepperdine University Caruso School of Law Celebrates 57 Years of Greater Purpose at Annual Law Dinner”: Jacqueline Cleaveland of Pepperdine University has this report.

Posted at 1:34 PM by Howard Bashman



Saturday, October 3, 2026

“Christa Pike and the Absurdity of Humane Execution; A witness said that what happened in Tennessee’s death chamber this week was ‘not normal’; Of course it wasn’t”: Doreen St. Félix has this essay online at The New Yorker.

Posted at 9:36 PM by Howard Bashman



“As Midterms Near, Justice Alito Says He Considers Each Year Whether to Retire; The justice, the second oldest on the court at 76, told CBS News that he decided against stepping down last term; He could face pressure should Democrats win the Senate in November”: Abbie VanSickle of The New York Times has this report.

Posted at 8:40 PM by Howard Bashman



“How Colorado Became a Springboard for Culture-War Clashes at the Supreme Court; An increasingly progressive state is colliding with a conservative court — and producing new law for the entire nation”: James Romoser of The Wall Street Journal has this report.

Posted at 8:30 PM by Howard Bashman



“How Would A Judge Butler Actually Affect The Fifth Circuit? I would prefer Judge Southwick to have one vote rather than two votes.” Josh Blackman has this post at “The Volokh Conspiracy.”

Posted at 8:25 PM by Howard Bashman



Friday, October 2, 2026

“A Big Moment for Federalism at the Supreme Court: Boulder’s climate lawsuit would return the U.S. to the era of the Articles of Confederation.” This editorial will appear in Saturday’s edition of The Wall Street Journal.

And at the “Lawfare” blog, James Goodwin and Wendy Wagner have a post titled “The Next Anti-democratic Threat From the Supreme Court: Industry-backed preemption arguments in the climate deception case threaten the federalism safeguards that check an imperial presidency.”

Posted at 9:44 PM by Howard Bashman



“Jon Kyl’s Impact on Judicial Confirmations; On filibusters, Harriet Miers nomination, and more”: Ed Whelan has this post at his “Confirmation Tales” Substack site.

Posted at 9:40 PM by Howard Bashman



“How My Alleged Political Crime Made It to the Supreme Court — and Trump’s Desk; The long journey from prison to petitioner was often uncertain”: P.G. Sittenfeld will have this essay in Saturday’s edition of The Wall Street Journal.

Posted at 9:00 PM by Howard Bashman