Appellate Advocacy Blog

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

Sunday, November 7, 2021

Appellate Advocacy Blog Weekly Roundup Sunday, November 7, 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 or on Twitter @Daniel_L_Real or (2) Catharine Du Bois at or on Twitter @CLDLegalWriting.

US Supreme Court Opinions and News

  • The new format for oral argument adopted as the Supreme Court resumed in-person argument was introduced in part to address a study showing that female justices are interrupted by both male justices and advocates. The 2017 study by Tonja Jacobi and Dylan Schweers, researchers at Northwestern Pritzker School of Law, showed that female justices were interrupted at disproportionate rates. Justice Sotomayor, appearing at a recent event, stated that the study had an “enormous impact” on how the Supreme Court conducts oral argument.  See reports from The Guardian, CNN, and The Atlantic podcast.

  • The Court heard oral argument this week on two high-interest issues: a Texas abortion ban and a New York gun control law.

    - The Texas abortion case does not address the constitutionality of the ban itself but instead considers the procedural restrictions preventing federal challenges by abortion doctors and the Justice Department. The law is written so that it gives the state no direct role in enforcing the ban, instead authorizing private lawsuits in state courts against doctors or clinic owners who violate its provisions. The audio and transcripts of oral argument are available here: Whole Woman’s Health v. Jackson, No. 21-463, transcript and audio;  United States v. Texas, No. 21-588, transcript and audio. Some of the many reports on the case and oral argument include, The New York Times, The Washington Times, The Associated Press, Reuters, and NPR.

    - The New York gun control case considers the constitutionality of a New York law that imposes limits on carrying guns in public. The law requires citizens to show “proper cause” to get a license to carry a handgun in public. The audio and transcripts of oral argument are available here: New York State Rifle & Pistol Assn. v. Bruen, No. 20-843, transcript and audio. See reports on the argument and the case from The Los Angeles Times, USA Today, and The New York Times.

Appellate Court Opinions and News

  • The Fifth Circuit has suspended the Biden administration’s vaccine requirement for private companies. The Occupational Safety and Health Administration rule applies to businesses with 100 or more workers and requires those works be vaccinated by January 4 or face mask requirements and weekly tests. See the order and reports from NPR and The Wall Street Journal.

  • A federal court has ruled that North Carolina at Chapel Hill may use race as a factor in admissions. The court ruled that the university’s consideration of race was narrowly tailored and that the university considered race-neutral alternatives, which meets the 2003 standard set by Grutter v. Bollinger. The ruling stated that, “[w]hile no student can or should be admitted to this university, or any other, based solely on race, because race is so interwoven in every aspect of the lived experience of minority students, to ignore it, reduce its importance and measure it only by statistical models. . . , misses important context . . ..” The challengers vow to appeal the ruling. See the order and reports from USA Today and The New York Times.

Appellate Practice

An interesting thread on Twitter asks, "Have you read a law review article recently that you thought was particularly great and deserving of a wider readership?" Take a peek for what looks like a great list!

Appellate Advocacy, Federal Appeals Courts, United States Supreme Court | Permalink


Post a comment