Friday, April 30, 2021
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 News and Opinions:
The Supreme Court heard oral arguments on Monday in Americans for Prosperity Foundation v. Bonta (consolidated with Thomas More Law Center v. Bonta) a case involving California's requirement that charities disclose their top donors. In an unusual alliance between liberal and conservative groups, the Americans for Prosperity Foundation and the Thomas More Law Center are asserting that California should not be allowed to require charities to provide information about donors who contribute more than $5,000 because they don't trust the state to keep the information private. New York, New Jersey, and Hawaii have similar requirements. The case has drawn significant interest because of its potential future implications for political campaigns and campaign-finance regulations.
The Supreme Court heard oral arguments on Wednesday in Mahanoy Area School District v. B.L., a big free speech case involving a Pennsylvania teenager who was banned from her school's cheerleading squad as a result of a profanity-laced post on Snapchat made away from school and on a weekend. The lower court ruled in favor of the teenager, holding that the First Amendment bars public schools from regulating off-campus speech.
The Supreme Court issued its opinion in Niz-Chavez v. Garland on Thursday. The case is an immigration case involving whether the government is required to provide all necessary information to a nonresident it seeks to deport in a single notice or whether it can provide that information piecemeal in numerous mailings over an extended time. In an opinion authored by Gorsuch and joined by Thomas, Breyer, Sotomayor, Kagan, and Barrett the Court ruled against the government and in favor of the nonresident. Kavanaugh authored a dissent, joined by Roberts and Alito. The opinion is another important ruling in cases involving longtime nonresidents whose deportation would have impacts on American citizen family members.
The Supreme Court this week agreed to take up Ny State Rifle & Pistol Assoc. v. Corlett, a case in which the Court is asked to consider the extent to which the Second Amendment protects the right to carry guns outside the home for self-defense. The question was left open in the Court's decision in Heller.
Appellate Practice Tips:
Carl Cecere had a Twitter thread about the value of good Introductions and Summaries in your briefs -- they educate and orient the reader to the landscape of the arguments that will follow in a way that makes it easier for the audience (the judge or judges) to follow, understand, and accept your arguments.
The Arizona Supreme Court is accepting applications for law clerk positions for the 2022-23 term from law students graduating in 2022. More info HERE.