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Appellate Advocacy Blog Weekly Roundup Friday, March

By Daniel Real

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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 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 Supreme Court Opinions and News:

Mary Harris had a piece at Slate this week in which she discussed the Supreme Court’s decision last week in Hernandez v. Mesa, wherein the Court ruled that the parents of a Mexican child who was shot and killed by a U.S. Border Patrol agent – while the child was on the Mexican side of the border and the agent on the U.S. side – could not seek damages for their child’s death.  She titled the piece, “The Supreme Court Just Gave the Border Patrol a License to Kill.” 

The Court heard arguments this week in June Medical Serv’s LLC v. Russo, in which the Court is reviewing a Louisiana law that limits access to abortions; critics of the law say that it will leave just one doctor in the entire state able to perform the procedure.  The Louisiana law is similar to a Texas law that the Court struck down four years ago.  However, the makeup of the Court has shifted significantly in the past four years, and the exchanges during oral argument suggested that the Court now may be poised to uphold the law.  Is strongly appears that Chief Justice Roberts may be the key vote on whether the law is upheld or stricken down.

The Court heard arguments this week in Seila Law LLC v. CFPB,  in which the Court is asked to make a ruling that will likely impact the future independence of the Consumer Financial Protection Bureau, and perhaps signal the future for the independence of other governmental agencies.  The specific issue raised concerns whether the vesting of significant executive authority in the Bureau violates the separation of powers. 

    • More from NPR. 

This week, Senator Chuck Schumer said that Justices Neil Gorsuch and Brett Kavanaugh will “pay the price” if they sided against abortion access.  The same day, Chief Justice John Roberts delivered a rebuke of Schumer, chastising him for “threatening” the justices. 

Federal Appellate Court Opinions and News:

D.C. Circuit Judge Thomas B. Griffin announced this week that he is retiring from the bench, effective September 1.

State Appellate Court Opinions and News:

Pennsylvania was in the news last week, when Montgomery County’s Board of Commissioners fired the two leaders of the Montgomery County Public Defender Office shortly after they filed an amicus brief recounting injustices in the county’s bail practices.  The firings have raised concerns about the independence of public defenders and the impact on the integrity of the justice system. 

AppellateTwitter Job Postings:

The Supreme Court of Texas is seeking a staff attorney for original proceedings (ie. a “Mandamus Attorney).  The successful candidate will assist with original proceedings like madamus, habeus, prohibition, etc.) and assist with direct appeals and certified questions.  The position is located in downtown Austin. 

Public Citizen Litigation Group is seeking a staff attorney to develop and litigate public interest cases.  The Group is located in Washington, D.C., and serves as the litigating arm of the consumer advocacy organization Public Citizen.  The successful candidate will practice at all levels of the federal courts, including the U.S. Supreme Court.