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 Real a quick email atDReal@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:

In the wake of more mass shootings, the Daily Caller this week profiled a number of Second Amendment cases that the Court will confront in the coming months.  More HERE.

Empirical SCOTUS took a look at the Supreme Court’s adjudication of class action lawsuits between 2010 and 2018.  During that time, the Court decided between five and ten cases that started as class actions per term.  The Court overturns almost 70% of class action decisions made by appeals court, either by reversing or by vacating the appeals court decision.  Much more data and analysis HERE.

Federal Appellate Court Opinions and News:

In Texas v. EEOC, the Fifth Circuit Court of Appeals this week issued a ruling that dealt a blow to the EEOC, largely affirming a lower court ruling that the EEOC had violated the federal Administrative Procedure Act in setting forth its 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964.  In a nutshell, the Guidance set forth the EEOC’s position that Title VII prohibits restrictive criminal record screening policies and mandates individualized review of applicants’ criminal records.  Texas sued, alleging that this interfered with the State’s authority and discretion to limit the hiring of felons in public sector jobs.  The district court granted Texas summary judgment on the narrow conclusion that the Guidance violated the APA for lack of notice and opportunity for the public to comment, which resulted in enjoining the EEOC from enforcing the Guidance.  On appeal, the Fifth Circuit held that the Guidance amounted to a substantive rule and that federal law does not authorize the EEOC to promulgate substantive rules.  More explanation HERE.

The Second Circuit Court of Appeals this week revived a lawsuit filed by Sarah Palin against the New York Times alleging defamation.  The appellate court found that the trial court improperly relied on facts outside the pleadings and found that the complaint plausibly stated a claim for relief, so the trial court’s dismissal of the suit was improper.

Practice Tips and Pointers:

Bryan Gividen had a Twitter thread this week discussing practical tips for those about to embark on a judicial clerkship.  Lots of great pointers.

Appellate Jobs:

Gupta / Wessler is seeking to hire two or three highly qualified law students (or recent pre-clerkship graduates) to work on Supreme Court, appellate, and constitutional litigation at its Washington, D.C. office.  The firm is also hiring for 2020-21 spots in its fellowship program. More information HERE.

The Third Court of Appeals in Texas is hiring for a staff attorney position.  More information HERE.