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Appellate Advocacy Blog Weekly Roundup, Friday, October 26

By Danny C. Leavitt

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Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send Dan a quick email at DReal@Creighton.edu or a message on Twitter @Daniel_L_Real. You can also send emails to Danny Leavitt at Danny@tsalerno-law.com or a message on twitter @Danny_C_Leavitt. 

Supreme Court Opinions and News:

Commerce Secretary Wilbur Ross is being challenged for adding a citizenship question to the 2020 Census. Several states and civil rights groups have filed a lawsuit to block the citizenship question. The Supreme Court has shielded him from having to give a deposition in the matter. Despite Ross not having to give a deposition, the case is allowed to continue. Read about the Court’s decision here. 

 

The Masterpiece Cakeshop issue, in effect, has returned to the Supreme Court stage in a petition for review. The case arises from an Oregon bakery. Amy Howe of SCOTUSblog has this post about the petition.

 

Many have heard or read about Sandra Day O’Connor’s letter to the public announcing her “beginning stages of dementia, probably Alzheimer’s disease.” Find the letter here. And current Supreme Court Justices’ reactions to O’Connor’s service and her announcement can be found here, with Noah Feldman’s comments in Bloomberg found here. 

 

Elana Kagan was asked about term limits for Supreme Court justices. Here are the comments about her response. And Justice Thomas commented on the need for neutrality at the highest court. 

 

Federal Appellate Court News:

 

The 10th Circuit Court of Appeals held a person who performs janitorial services could be found to be an employee under the FLSA, even if the worker formed a corporate entity, entered into a franchise agreement with the franchisor, and entered an independent contractor agreement. Read about the opinion here. 

 

State Appellate Court News:

 

In New York, even if an arbitration award is wrong, an appellate court ruled against the “manifest disregard” rule, strengthening the finality of arbitration awards.