Friday, November 9, 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 at DReal@Creighton.edu or a message on Twitter @Daniel_L_Real. You can also send emails to Danny Leavitt at Danny@tsalerno-law.com or a message on twitter @Danny_C_Leavitt.
Supreme Court Opinions and News:
A lot is happening at the Supreme Court his week.
Adam Liptak of the New York Times has this report about the Supreme Court declining to hear challenges to the "net neutrality" regulations adopted in 2015 by the Federal Communications Commission. Three members of the Supreme Court — Justices Clarence Thomas, Samuel A. Alito Jr., and Neil M. Gorsuch — said they would have instead vacated the appeals court decision as moot, presumably because the commission reversed itself last year, after a change in its membership.
The Court took up a case with a "peace cross" on public land. The case may affect the Establishment Clause in a big way. The National Law Journal reports about it here.
On Tuesday the Court heard arguments in an appeal from a death penalty inmate suffering from a rare medical condition his lawyers say will cause excruciating pain if put to death by lethal injection. Liptak's analysis of the case is here, reporting how Justice Kavanaugh will hold a key vote in the case.
Justice Ginsburg reportedly fell in her office Wednesday and was hospitalized on Thursday morning for rib fractures. This morning, she's evidently working in her hospital room, says her nephew. The Washington Post reported her fall here.
And of course the investiture of Justice Kavanaugh occurred on Thursday. Amy Howe from the SCOTUSblog reports about the event here.
State Court News:
Following election Tuesday, many changes took place to the Texas intermediate appellate courts. Many judges were swept out of office by others who are "completely unknown" or who have "little to no experience representing clients before appellate courts." Todd Smith (@dtoddsmith) reports about the effects of the changes here.
Other Appellate-Worthy News:
Bryan Garner tweeted about Andrew McCarthy's National Review Article this week that focused on the birthright citizenship debate and the interpretation of the 14th Amendment. Discussions about the topic emerged in the days leading up to the election.