Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Friday, February 16, 2018

Appellate Advocacy Blog Weekly Roundup February 16, 2018

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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 Dan a quick email at or a message on Twitter(@Daniel_L_Real).


Supreme Court Opinions and News:

CNN has reported that the Court will be meeting today, February 16, 2018, to decide whether to review a lower court’s decision that blocked President Trump's effort to end DACA. Click HERE for the report.


Known to her fans as the Notorious RBG, Justice Ruth Bader Ginsburg is, arguably, the most popular and, probably, the most outspoken of the current justices. Recently, Justice Ginsburg caused a stir on Twitter when she hinted at not liking some of her colleagues during a CNN interview. Justice Ginsburg’s comment, however, was only a small part of an, otherwise, interesting and thought-provoking interview that included a discussion of the #MeToo movement, sexism, politics, the attacks on the judiciary, and other topics.  You can listen to the interview HERE. Additionally, a conversation Justice Ginsburg had with National Constitution Center President and CEO Jeffrey Rosen can be viewed at this LINK.  


On February 28, 2018, the Supreme Court will hear oral arguments in Minnesota Voters Alliance v. Mansky, a case that challenges a Minnesota law that prohibits political apparel in polling places. Many states have laws restricting electioneering near polling places, and the United States Supreme Court upheld those restrictions in Burson v. Freeman. Minnesota, along with nine other states, not only restrict written campaign materials at polling places, but also place restrictions on the type of political apparel a person can wear to the polls. The plaintiffs in Minnesota Voters Alliance v. Mansky argue that Minnesota’s law violates the First Amendment because it is facially over broad. The briefs for the case and various articles about it can be found HERE. The Economist has this report.


The usually quiet Justice Clarence Thomas shared his thoughts on the current state of judicial confirmations. According, to Justice Thomas, the confirmation process has become a spectacle that may deter “good people” from government service. Bloomberg has this report. Additionally, the Law Library of Congress and the Supreme Court Fellows Program presented a conversation with  Justice  Thomas that can be viewed HERE


Federal Appellate Court Opinions and News:

The United States Court of Appeals for the Fourth Circuit ruled that President Trump's latest travel ban most likely violates the Constitution’s Establishment Clause. The Court's decision can be found HERE. The New York Times has this report


President Trump has nominated  Joel Carson  to the U.S. Court of Appeals for the Tenth Circuit and former Hawaii Attorney General Mark Bennett to the the Ninth Circuit Court of Appeals. A list of current judicial nominations can be found  HERE


There is a noticeable lack of diversity among President Trump's 87 judicial nominees. According to this report in USA Today, "[a]mong [President] Trump's first 87 judicial nominees, only one is African American and one is Hispanic. Five are Asian Americans. Eighty are white." 


In Perez v. City of Roseville, the U.S. Court of Appeals for the Ninth Circuit held that adultery is constitutionally protected conduct. The Court stated that Lawrence v. Texas, "makes clear that the State may not stigmatize private sexual conduct simply because the majority has 'traditionally viewed a particular practice,' such as extramarital sex, 'as immoral.'" The Court's full opinion can be found HERE.  


Appellate Job Postings:

The State of Oregon is looking for an Assistant Attorney General to work in its Appellate Division. Click HERE to apply.

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