Appellate Advocacy Blog Weekly Roundup Friday, September 3
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.
Supreme Court Opinions and News:
Most of the activity concerning the Supreme Court this week was related to the Texas fetal heartbeat abortion law. That law was scheduled to take effect on September 1, and was specifically written to make prior judicial review difficult. Nonetheless, litigation was commenced in federal court, where a federal trial court enjoined the law’s taking effect and an appellate court reversed. That led to emergency petitions before the Supreme Court. The Court did not issue any response to the emergency petitions prior to September 1, and the law took effect on Wednesday. Late Wednesday night, by a 5-4 vote in an unsigned brief order, the Court ruled that it would not step in to stop the law from taking effect, indicating explicitly that it was not ruling on the merits or constitutionality of the law.
Coverage of the lead-up and requests for the Court’s review:
Coverage of the Court’s failure to act before the law took effect:
Coverage of the Court’s Wednesday ruling:
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- How Appealing collection of links to coverage
- Buzzfeed
Discussion of the implications of the Court’s ruling and a larger discussion about the Court’s “Shadow Docket”:
State Appellate Court Opinions and News:
This week, the Arizona Supreme Court issued a decision eliminating peremptory challenges from the jury selection process. See this blog post from the Evidence Prof blog.
Appellate Jobs:
The Third Circuit Court of Appeals is taking applications for a staff attorney. See more at the court’s website, HERE.