Friday, September 16, 2022
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
After granting a temporary stay last week, the Supreme Court denied an emergency petition by Yeshiva University and refused to block a state court ruling that requires the university to recognize a L.G.B.T. student group. The university made the emergency motion to the Supreme Court before fully pursuing the appeal in the state court. The Court’s decision is based on the procedural posture, not the merits, and requires the university to pursue the challenge in state court. In the underlying case, the university argues that it should not be required to recognize the L.G.B.T. student group because doing so would violate the university’s Constitutionally protected free exercise of religion. The state court ruling rejected the university’s argument and entered an injunction that requires the university to grant the student group the “full and equal accommodations, advantages, facilities[,] and privileges afforded to all other student groups.” See the ruling and reports from The NY Times and The Washington Post.
Justice Kagan spoke this week at Northwestern Law School and commented on the risk to the Court’s legitimacy if it is seen as an “extension of the political process.” The event will be available on demand here. See reports on Justice Kagan’s comments from The Associated Press, Reuters, and Bloomberg Law.
Justice Roberts announced that the court will reopen to the public when the new term begins this fall. In his comments, he also defended the Court’s legitimacy, saying “simply because people disagree with opinions, is not a basis for questioning the legitimacy of the court.” See reports from USA Today CNN, and Bloomberg News.
Appellate Court Opinions and News
The Ninth Circuit upheld a Washington state ban on conversion therapy. The court rejected a Constitutional challenge by a therapist that argued that the ban undermined the therapist’s free speech and targeted his Christianity. The Ninth Circuit rejected the challenge, finding that the state legislature acted rationally and, thus, did not violate the First Amendment when it imposed the ban to protect the “physical and psychological well-being of children.” See the ruling and reports from Reuters and Bloomberg Law.