Appellate Advocacy Blog

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

Friday, July 1, 2022

Appellate Advocacy Blog Weekly Roundup Friday, July 1


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 [email protected] or on Twitter @Daniel_L_Real or (2) Catharine Du Bois at [email protected] or on Twitter @CLDLegalWriting.

Supreme Court News and Opinions:

This was the last active / opinion week of this term for the Supreme Court.  And a lot happened.

On Monday, the Court issued its opinion in Kennedy v. Bremerton School Dist., ruling by a vote of 6-3 that a public school could not discipline a football coach for post-game prayers at the 50-yard line.  The Court ruled that the conduct did not violate the First Amendment's Establishment Clause, dismissing concerns that players might have felt compelled to participate in the prayers.  More from SCOTUSblog.

On Wednesday, the Court issued its opinion in Oklahoma v. Castro-Huerta, ruling by a vote of 5-4 that the State of Oklahoma has authority to separately prosecute non-Indians accused of committing crimes on tribal grounds.  The Court ruled that the State enjoys concurrent jurisdiction and that the tribe does not have sovereignty to exercise sole jurisdiction over such criminal matters.  More from Bloomberg.

On Thursday, the court issued its opinion in West Virginia v. Environmental Protection Agency , ruling by a 6-3 vote that Congress had not sufficiently granted the Environmental Protection Agency authority to enact industry-wide emissions standards.  The Court ruled that it did not believe Congress had intended to give the EPA authority to enact standards that would try to shift power generation away from fossil-fuels to cleaner sources and that Congress would need to speak more clearly to do so, relying on the "Major Questions" doctrine.  More from Bloomberg.

As the active term came to an end, the Chief Justice issued a press release announcing that the Court had acted on all cases submitted for decision during the term, thanking all Court employees and members of the Court's bar for their work during the term, and recognizing employees for lengthy service and/or retirement.  Justice Breyer's retirement became official, as he stepped down and Justice Ketanji Brown-Jackson was sworn in to take his place.

Appellate Practice:

This week, Howard Bashman celebrated 20 years of the "HowAppealing" blog.  An invaluable resource for anyone with any interest in appellate work, the milestone is one to celebrate.

Appellate Jobs:

The Texas Supreme Court is hiring a Judicial Staff Attorney.  More information HERE.

The Massachusetts Supreme Judicial Court has two openings in the Office of Chief Staff Counsel.  More information HERE.

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