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Ed. note: A weekly roundup of just a few items from Howard Bashman’s How Appealing blog, the Web’s first blog devoted to appellate litigation. Check out these stories and more at How Appealing.

“Replacing Alito on the court? It’s if, not when; Democrats could choose to hold any Supreme Court vacancy open if they regain Senate control.” Michael Macagnone of The Hill has this report.

“Fort Hood Shooter’s Execution Will Be Public and Streamed Live, Pentagon Says; If carried out, the public execution of Maj. Nidal Malik Hasan by firing squad set for Dec. 3 would be the first in modern U.S. history”: Chris Cameron of The New York Times has this report.

“The Seashells Case Against Comey at a Crossroads; A judge will soon rule on whether the former F.B.I. director must face trial for an Instagram post”: Adam Liptak has this new installment of his “The Docket” newsletter online at The New York Times.

“Samuel Alito’s Tortured Attempts to Explain Himself; In the midst of his will-he-or-won’t-he retirement tour, the justice is at great pains to make his view of originalism make a lick of sense”: Matt Ford has this essay online at The New Republic.

“Man Who Threatened Supreme Court Justices Avoids Jail Sentence”: Jordan Fischer of Bloomberg Law has this report.

“The New Supreme Court Term Looks Boring. That’s a Good Thing.” David Lat has this new installment of his “Divided Argument” column online at Bloomberg Law.

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