October 9, 2026


This Week’s Top Legal Insights: From Potential Supreme Court Vacancies to a Historic Public Execution

In the world of appellate litigation, this week presents a series of engaging and potentially transformative stories that could shape the legal landscape for years to come. Here's a look at some of the most compelling developments, as curated by Howard Bashman’s How Appealing blog.

First up, the political and legal communities are buzzing with speculation about the future of the Supreme Court, particularly concerning Justice Samuel Alito. A report by Michael Macagnone from The Hill discusses the strategic considerations Democrats might weigh regarding Supreme Court appointments, should they regain control of the Senate. The article, titled “Replacing Alito on the court? It’s if, not when,” explores the intricate dance of judicial nominations in the shifting sands of political power.

In a groundbreaking announcement from the Pentagon, the scheduled execution of Maj. Nidal Malik Hasan, the Fort Hood shooter, is set to be a historical event. Slated for December 3, this will mark the first public execution in modern U.S. history, and it will be streamed live. Chris Cameron of The New York Times provides an in-depth look at the legal and ethical implications of this decision, raising questions about the role of public access to such a grave event.

The legal saga surrounding former F.B.I. director James Comey has reached a critical juncture. Adam Liptak of The New York Times reports on a case involving Comey’s Instagram post, which has landed him in hot water. The upcoming judicial ruling could set significant precedents for free speech and public figures' use of social media.

Justice Samuel Alito is again in the spotlight, not just for speculation over his retirement but also for his recent attempts to articulate his judicial philosophy. Matt Ford of The New Republic critically examines Alito’s explanations of originalism in his article, questioning the coherence and application of his views amidst ongoing debates over judicial interpretations.

In lighter judiciary news, a man who issued threats against Supreme Court Justices has surprisingly avoided a prison sentence, according to Jordan Fischer of Bloomberg Law. This decision sparks a dialogue on the security of judicial officials and the consequences of threatening public servants.

Lastly, a piece by David Lat in Bloomberg Law suggests that a quieter Supreme Court term could be beneficial. After years of high-profile cases and decisions, a period of less contentious issues might provide a necessary respite for the Court and the country.

These stories and more can be found on Howard Bashman’s How Appealing blog, a dedicated resource for those interested in appellate litigation and judicial affairs. Stay tuned for more insights and updates in the legal world.