Appellate Advocacy Blog

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

Sunday, August 1, 2021

Appellate Advocacy Blog Weekly Roundup Sunday, August 1, 2021

WeeklyRoundupGraphic

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

  • High School SCOTUS blog founder, Anna Salvatore, moderated "Reporting on the Supreme Court" this week. The event, presented by The Daily Princetonian and the American Whig-Cliosophic Society, featured panelists Chris Geidner, MSNBC columnist and previous legal editor at BuzzFeed; David Lat, Founder of Original Jurisdiction and Above the Law; and Kimberly Robinson, Supreme Court correspondent for Bloomberg Law.

  • Reuters posted a review of the Supreme Court’s “shadow docket” this week. Find it here.

  • A July Gallup poll reports a 49% approval rating for the Supreme Court, which is the first time since 2017 that the rating has been below the majority level. See the Gallup New report.

 Appellate Court Opinions and News

  • The Ninth Circuit reversed and remanded a district court ruling that had upheld California’s school closure during the pandemic. In reversing, the court held that the closing of private schools violated parents’ Due Process rights to determine the forum of their children’s education and determined that the closure ruling should be held to strict scrutiny. The court held that the “right of parents to make decisions concerning the care, custody, and control of their children is a fundamental liberty interested protected by the Due Process Clause,” which includes the right to choose the “educational forum itself.” See the opinion and a report from the LA Times.

  • The Sixth Circuit ruled that the CDC had exceeded its authority when it temporarily halted evictions during the pandemic. The CDC’s order replaced and expanded Congress’s 120-day moratorium on rental properties that participated in federal assistance programs or that had federally backed loans. Now set to expire on July 31, the CDC’s order applied to all rental properties nationwide.  See the order and reports from ABA Journal, The Hill, and Reuters.

  • The Tenth Circuit rejected a wrongful death claim against a Colorado recreation company and ruled that the lower court properly applied Colorado law to determine that the decedent had waived liability against the company. The plaintiff argued that Texas law should apply since the decedent, a resident of Texas, signed the waiver while in Texas. The court reasoned: "If we applied Texas law because it is the state where [the decedent] signed the liability release, we would essentially allow the other forty-nine states to regulate a key industry within Colorado. Such an approach is impractical and illogical." See the decision and report in The Gazette.

  • The Ninth Circuit rejected a meat industry appeal that challenged California’s animal confinement standards as unconstitutional. California’s Proposition 12 (the “Farm Animal Confinement Initiative”) is a voter-approved law that regulates the production of veal, pork, and eggs sold in California; it forbids the sale of meat from animals not housed within its “stand-up-turn-around” requirement. The challenge argued that the regulation had the effect of controlling nationwide meat production standards, which violates the Extraterritoriality Doctrine of the Commerce Clause. The court rejected the argument, narrowly interpreting extraterritoriality as applying only to laws that dictate the prices of products. The court reasoned: “It is undisputed that Proposition 12 is neither a price-control nor price-affirmation statute, as it neither dictates the price of pork products nor ties the price of pork products sold in California to out-of-state prices.” See the decision and reports from Bloomberg Law and Courthouse News.

https://lawprofessors.typepad.com/appellate_advocacy/2021/08/appellate-advocacy-blog-weekly-roundup-sunday-august-1-2021.html

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