Appellate Advocacy Blog

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

Friday, September 14, 2018

Appellate Advocacy Blog Weekly Roundup Friday September 14, 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). You can also send emails to Danny Leavitt at or a message on twitter @Danny_C_Leavitt

Supreme Court Opinions and News:

Adam Liptak (@adamliptak) of the New York Times related that Justice Ginsburg was asked "if any current justice can do more pushups than she does." Her reply: “Maybe Justice Gorsuch." And then she added, "Our Chief is a possibility." See his Twitter post here.

Federal Appellate Court News:


When President Trump was campaigning for the presidency in March 2016, an incident occurred where protestors were instructed to leave a rally and evidence of violence occurred. Those protestors lodged complaints and appeals followed. An appeals court tossed the lawsuits this week. Read about the case here.


A federal district court will review challenges to the Affordable Healthcare Act. Although not dealing with appellate matters at this point, it will likely hit the appellate forum once the district court decides. According to the Balkinization blog, the judge disregarded many amicus briefs authored by stakeholders in the healthcare industry.


Practice Pointers and Tips:


To surreply or not to surreply? The answer depends on the local rules, so found The Court of Appeals for the Seventh Circuit.  The court ruled recently that a party may waive arguments on appeal by failing to file a surreply allowed by right. The court ruled in favor of a defendant where the plaintiff did not counter with a surreply when the case was before the trial court. The appellate case can be found here. And the ABA's piece about the case can be found here.





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