As we do every Friday, the Appellate Advocacy Blog 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 Dan a quick email atDReal@Creighton.edu or a message on Twitter (@Daniel_L_Real).
Ninth Circuit Hearing on Immigration Executive Order
The dominant appellate news this week concerned judicial proceedings about President Trump’s Immigration Executive Order. Last Friday, U.S. District Senior Judge James Robart of Seattle issued a nationwide restraining order blocking enforcement of the immigration ban, siding with the Washington Attorney General.
The Department of Justice immediately sought appellate review of the order in the Ninth Circuit Court of Appeals.
On Tuesday, the Ninth Circuit heard argument from both sides, and broadcast the arguments live. It provided an unusual opportunity for lay persons who have been following the substantial news coverage of the issues to hear the inner workings of the judicial system. Late Thursday, the court declined to overturn the temporary restraining order.
Howard Bashman posted a series of links to recent coverage and discussion of the executive order and the judicial proceedings surrounding it at his How Appealing blog.
You can access the complete list of filings in the Ninth Circuit at the court’s official website.
More on Judge Gorsuch
There will likely continue to be a lot of discussion of Judge Gorsuch, including his judicial philosophy, track record, etc. And one aspect of his record that continues to garner quite a bit of coverage is his writing. This past week, Ross Guberman had a couple of blog posts about Gorsuch’s writing. Perhaps most exciting to #AppellateTwitter is that Guberman notes Gorsuch is #TeamOxfordComma.
Judge Gorscuh is a gifted writer. He’s a great writer. But is he a “Great Writer”? Part One
Judge Gorsuch’s Writing Style: A Cheat Sheet
The First Mondays podcast — a must subscribe if you are a SCOTUS follower — has been discussing Judge Gorsuch, as well. Last week, the podcast began a series to track the confirmation process of Gorsuch, including an interview with a former clerk and a discussion of some of Gorscuch’s jurisprudence from the appellate court.