Appellate Advocacy Blog

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

Friday, March 20, 2020

Appellate Advocacy Blog Weekly Roundup Friday, March 20

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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:

As Tessa noted in a blog post earlier this week the Supreme Court announced on Monday that it is postponing two weeks of oral arguments amid the coronavirus pandemic.  The Court indicated that it will hold its regularly scheduled Conference on Friday, March 20, although some Justices may participate by telephone, and that it will issue its regularly scheduled Order List onMonday, March 23.  More from Bloomberg.

On Thursday, the Supreme Court announced that it is relaxing certain filing deadlines in light of the coronavirus.  The measure extends to deadlines on filing petitions for review by the Court from lower court judgments to 150 days, instead of the previous 90 days.  More from Bloomberg

Federal Appellate Court Opinions and News:

A Slate article discussed how federal and state courts are scrambling and, often on the fly, making adjustments to how they do business in light of the Coronavirus pandemic. 

Federal courts are seeking financial help to tackle the impact of the coronavirus pandemic as courts across the country limit business.  Much of the money would go toward changes to drug and substance abuse treatment programs for defendants under court supervision, while additional portions would help to make sure judicial employees are able to transition to working remotely.  More from Bloomberg.

The full D.C. Circuit Court of Appeals granted en banc review of two cases involving the ability of Congress to bring lawsuits in court over disputes with the President.  The orders applied to a case involving an attempt to compel congressional testimony from former White House Counsel Don McGahn and to a case concerning assertions that the President overstepped his power by diverting funds to build a border wall.  More from the ABA Journal.

State Appellate Court Opinions and News:

State courts also started extending deadlines, shuttering doors, etc.  

  • The Slate article referenced above also discusses state courts' scrambling to deal with Coronavirus impacts.
In Colorado, a high-profile death penalty trial is moving forward, despite defense attorneys' concerns for the health of their client, jurors, and court personnel.  Defense counsel argued in court filings that jury selection should not proceed without screening and testing procedures for coronavirus in place. The district court judge handling the case denied the defense request, ruling that the court had already taken sufficient precautions by canceling most proceedings and ordering people showing symptoms not to come to the courthouse.  More from the Denver Post
 
 

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