Friday, August 31, 2018
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 atDReal@Creighton.edu or a message on Twitter (@Daniel_L_Real).
Supreme Court Opinions and News:
Reuters summarized the looming confirmation battle for President Trump’s latest SCOTUS nominee, Brett Kavanaugh, noting that there will be a lot of discussion about Kavanaugh’s position on overruling longstanding precedents that have become divisive political issues, especially abortion. NEWS ARTICLE.
As Law.com noted this week, with Justice Kennedy’s retirement from the Court and having already hired clerks, the allocation of his clerks to other Justices means that four Supreme Court Justices will have five clerks this term, instead of four – which might result in an increase in the Court’s pace this term. NEWS ARTICLE.
Federal Appellate Court Opinions and News:
The 11th Circuit Court of Appeals this week issued an interesting opinion in which it held that the First Amendment protects sharing food with homeless people. The suit arose from a challenge to a Fort Lauderdale, Florida, ordinance that requires a permit to share food in public parks. The appellate court held that feeding the homeless amounts to a form of expressive conduct and that it receives First Amendment protection. NEWS ARTICLE. COURT OPINION.
The 8th Circuit Court of Appeals this week issued an opinion in which it reversed the dismissal of a Missouri death row prisoner’s complaint challenging the constitutionality of the State’s method of execution as applied to him. The appellate court held that the inmate, Ernest Lee Johnson, alleged sufficient facts to state a cause of action and merit having the case heard. NEWS ARTICLE. COURT OPINION.