Friday, November 27, 2020
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.
Supreme Court Opinions and News:
Skadden, Arps, Slate, Meagher & Flom announced that it is starting a U.S. Supreme Court and appellate litigation group. Veteran appellate advocate Shay Dvoretzky is going to begin and lead the group, leaving Jones Day to undertake the venture. More info from The National Law Journal.
Aaron Tang had an op-ed in the LA Times this week discussing his view that the early signals from the currently constituted Supreme Court suggest a "surprisingly centrist" approach. He reviews several recent decisions and arguments and makes the case that the Justices are leaning toward a "least harm" approach to resolving cases, tending to favor ruling in ways that put the burden of the ruling on "the side that can most easily minimize its harm." See the op-ed in the LA Times.
On the other hand, Steven V. Mazle had an opinion piece in the Washington Post this week discussing his view that the arrival of Justice Amy Coney Barrett marks a sea change toward more far conservative decision making that will "accelerate a trend toward deference to religious institutions." See the opinion piece in the Washington Post.
The Court announced this week that it will hear arguments in January via phone, livestreaming them, as it has during each sitting since May. More from Bloomberg.
The Court issued a ruling this week in which it rejected pandemic limits on religious services in New York. The Court issued a 5-4 decision -- unsigned -- ruling that restrictions on the size of gatherings for religious services in New York likely violated the First Amendment, departing from recent rulings involving restrictions in Nevada and California, where the Court had opted to defer to state health officials. More from CNN.
The Texas Fifth District Court of Appeals has posted an opening for two staff attorney positions. See more from the Texas Courts website.