Appellate Advocacy Blog Weekly Roundup Friday, June 18

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 a quick note to either (1) Dan Real at DReal@Creighton.edu or on Twitter (@Daniel_L_Real) or (2) Catharine Du Bois at DuBoisLegalWriting@gmail.com or on Twitter @CLDLegalWriting.

US Su​preme Court News and Opinions:

The Supreme Court issued a couple of big decisions this week.

On Thursday, the Court rejected another attempt to dismantle the Affordable Care Act when ruling in California v. Texas that the Act’s challengers in the suit lacked standing to bring their claims.  The Court’s opinion was 7-2, with Justice Breyer authoring the majority opinion, joined by Justices Sotomayor, Kagan, Thomas, Kavanaugh, and Coney Barrett and Chief Justice Roberts. Justice Alito authored a dissent, joined by Justice Gorsuch. 

• • Opinion Analysis from SCOTUSblog
  • CNN
  • American Hospital Association blog post by Sean Marotta

On Thursday, the Court also issued a ruling in Fulton v. City of Philadelphia, involving the question of whether the City of Philadelphia infringed upon the First Amendment’s free exercise clause with it stopped referring foster-care cases to Catholic Social Services because of CSS’s rejection of prospective foster-care parents based on their sexual orientation.  The Court, in a plurality opinion authored by Chief Justice Roberts, held that the City’s action burdened CSS’s exercise of religion. The Court declined to issue a broader ruling making it harder to defend nondiscrimination policies that protect LGTBQ people seeking to foster children, but did not foreclose revisiting the topic in the future.

• • Opinion Analysis from SCOTUSblog
  • Buzzfeed

There is mounting discussion and pressure on Justice Breyer to consider retiring, as activists and academics urge him to do so to allow President Biden to nominate a successor while Democrats maintain narrow control of the Senate.  More from the Washington Post and the LA Times.

Federal Appellate Court Opinions and News:

On Wednesday, the 4th Circuit Court of Appeals upheld a 2019 decision striking down North Carolina’s ban on most abortions after the 20th week of pregnancy, rejecting arguments that the law should be left intact because the State wasn’t seeking to prosecute doctors who violated it.  More from the AP.

Appellate Practice Tips:

The 2021 Appellate Judges Education Institute Summit in Austin, Texas, will occur in November.  Registration is now open HERE.

Appellate Jobs:

The Law Department of Baltimore City is seeking an attorney for its appellate division.  The position functions as the Co-Director of the Appellate Practice Group and plays a crucial role in all aspects o appeals of trial cases, representing the City in appeals before state and federal appellate courts.  Posting on Indeed.