Good morning and happy Wednesday! We’re back with another Supreme Court Brief, and taking a look at the court’s latest opinion in an easement dispute. And one of Tuesday’s arguments on criminal appeal procedure left the high court’s originalists struggling to find founding-era context when the right to an appeal wasn’t established until 120 years later.

As always, thanks for reading and we welcome feedback and tips. You may contact Avalon Zoppo at [email protected] follow her on Twitter @AvalonZoppo. You can find Brad Kutner at [email protected] and @bradkutner.

Associate Justice Neil Gorsuch. Associate Justice Neil Gorsuch of the U.S. Supreme Court speaks at a Ninth Circuit Court of Appeals Conference in San Francisco. Jason Doiy / ALM

Could Originalism Stymie Consideration of Criminal Appeal?