#AppellateJobs appellate.courts.ca.gov/district-cou... #AppellateBluesky

Congratulations to former Orrick appellate associate Sam Harbourt on his appointment as California SG. oag.ca.gov/news/press-r...

An en banc appellate argument is the most challenging type of argument. Often, there is a hostile faction trying to score points via their questions. Orrick appellate associate Katie Munyan, however, was amazing, handling yesterday's argument with great skill. www.ca9.uscourts.gov/media/video/...

This reminds me about the amicus brief we filed in the SCOTUS travel ban case. www.supremecourt.gov/DocketPDF/17...

A nice recognition for our team by AmLaw/Law.com

An attempt to untangle all the legal questions concerning the deeply troubling September 2 strike in the Caribbean, and to identify the most serious breach of all, which is of the longstanding DoD commitment not to target civilians. www.justsecurity.org/120296/many-...

We haven't seen details of the government's analysis concluding the strike was lawful. What they've offered so far is a broad self-defense rationale that would seem to apply even more directly to drug shipments at the border or even within the United States.

BREAKING: SUPREME COURT WILL REVIEW TRUMP TARIFF AUTHORITY @courthousenews.bsky.social

From @lawfaremedia.org, @becingber.bsky.social, @benjaminwittes.lawfaremedia.org and @sranderson.bsky.social on the U.S. strike in the Caribbean Sea on a boat allegedly carrying Tren de Aragua members & drugs. www.youtube.com/watch?v=N5LV...

A big DC Circuit win for solar energy. On remand from SCOTUS, the court (Pillard, joined by Katsas) upholds FERC’s certification of Broadview’s solar facility, which contains 50MW of battery storage, as a “small power production facility” under PURPA. media.cadc.uscourts.gov/opinions/doc...

Went with our youngest (finishing up his phd in bioengineering at Duke) to see the Illinois (where I went undergrad)-Duke football game. In a key moment, Duke had a then -game changing penalty because they had two players on the field with the same number. I had never seen that before.

Here are links to the cert petition and motion to expedite: Petition: www.supremecourt.gov/DocketPDF/25... Motion: www.supremecourt.gov/DocketPDF/25...

I was actually expecting this type of request for expedited resolution by the Supreme Court after the lower court ruled on the tariff power issue. And I'm pretty sure that, had a similar request been made then, it would have been granted.

Pour one out for Judge Sparkle Sooknanan’s clerks this Labor Day weekend

Another major loss for the @washingtonpost.com, but very happy to see the great @sallyjenx.bsky.social joining @theatlantic.com

“So uhh, you’ve looked somewhere between pained and annoyed for like 4 hours.” Correct, correct. This is the art of writing.

As I’ve always said, I’m delighted to have coffee with law students and aspiring appellate lawyers. The one request I always turn down, which I sometimes get, is “shadowing.” This would consist of sitting in my office staring at me rub my head at the screen.

I'm trying hard to imagine the dynamic in the Bluebook board meetings--the marshaling of rationales pro and con; the heated arguments; longstanding friendships dashed--that preceded the decision to change the abbreviation of September from "Sept." to "Sep." in the 22d edition.

An interesting article from @qjurecic.bsky.social: www.theatlantic.com/ideas/archiv...

Not exactly the militarized hellscape we’ve been hearing about.

I was at the PA appellate court this week, waiting for my case to be called. In one of the prior cases, the judge questioned a pro se advocate about a case he cited, saying she could find it & doubted whether it existed. The advocate then nonchalantly admitted to using ChatGPT for his research.

An interesting statistical analysis by Adam Feldman of which firms appellate practices are actually trusted by Fortune 500 companies to handle their important cases. @adamfeldman.net open.substack.com/pub/legalyti...

Love being able to read the great @qjurecic.bsky.social and @petridishes.bsky.social in the @theatlantic.com on a regular basis. Here are gift links to their latest articles. www.theatlantic.com/newsletters/... www.theatlantic.com/ideas/archiv... www.theatlantic.com/ideas/archiv...

Ryan lives on in my memories and on my baseball mitt.

There was so much sadness in Cooperstown this weekend as his fellow Hall of Famers braced for this news. Ryno was so beloved. His smile, his warmth, his kindness were ever present. He was always there for anyone who needed help. RIP to one of my favorite people in baseball

A nice win upholding due process in the Second Circuit today (in a case argued by then Orrick appellate associate Don Goodson (who is now the Executive Director of the NYU Institute for Policy Integrity)). ww3.ca2.uscourts.gov/decisions/is...

Which states have AI laws in effect today? Check out the Orrick AI law Tracker: ai-law-center.orrick.com/us-ai-law-tr...

And the grand jury testimony won’t include all the names of “clients.” It will simply be enough testimony for DOJ to obtain an indictment - PC on each element of the offense. No names are necessary to get an indictment. The transcripts are not the exhibits that the GJ may have reviewed.

Philly

The Boyle and Slaughter cases present the SCOTUS with a bit of a pickle. Is the majority going to admonish district courts to "read our shadow docket tea leaves!" and say "When we don't want you to follow our shadow docket rulings, we don't offer any explanation for them"? @stevevladeck.bsky.social

The Right: Race has nothing to do with poverty Also the Right: Race is inseparable from poverty

I find it a little odd that, in our legal culture, we often-enough expect former law clerks of particular judges to share the legal views of the judges for whom they clerked. (Thread) Granted, some of that is understandable as a matter of ideological sorting: /1

I was in an elevator at DOJ for a meeting today, along with Paul Clement, @kannonshanmugam.bsky.social & Chris Michel. A guy got on at 4, saw we were going to 5, and (not realizing the Paul, Kannon and Chris has spent yrs on that floor) encouraged us to look around and see the decor and artwork.

* U.S. JUSTICE DEPARTMENT UNIT THAT DEFENDS TRUMP POLICY HAS LOST TWO-THIRDS OF ITS STAFF, FORMER STAFF LAWYERS SAY * 69 LAWYERS HAVE LEFT FEDERAL PROGRAMS BRANCH SINCE TRUMP'S ELECTION, FORMER STAFF LAWYERS SAY @reuters.com www.reuters.com/legal/litiga...

I miss the old Appellate Twitter community. A lot.

Justice Ketanji Brown Jackson called yesterday's decision about nationwide injunctions "an existential threat to the rule of law." She's mistaken. My latest in @theatlantic.com: www.theatlantic.com/ideas/archiv...

This is not state neutrality. It is itself a clear message to impressionable children that their own existence, and the existence of their families, is a taboo topic. Other kids hetero families, of course, can be freely discussed. They're normal and fine.

For more on the international and domestic law governing the U.S. strikes on Iran, I spoke with @leahlitman.bsky.social of the @strictscrutiny.bsky.social podcast:

Interesting DC Circuit (Garcia, J.) footnote discusses pleading stds in discrimination cases and more generally: media.cadc.uscourts.gov/opinions/doc...

That’s interesting and all. But awarding that paper speaks for itself.

A cert petition asking the Supreme Court to take and decide the tariff case now, bypassing the court of appeals: www.courthousenews.com/wp-content/u...

This may be of specialized interest, but if you’d like to watch a highly conservative federal judge (Justin Walker) take out after a certain prolific MAGA-adjacent law professor and pundit, here you go. It’s from a speech just reprinted in the Harvard Journal of Law and Public Policy.

Welcoming the great @petridishes.bsky.social back from her parental leave to the craziness and horrors of today. Gift article: www.theatlantic.com/newsletters/...

Here is a link to the cert. petition on the Supreme Court electronic docket: www.supremecourt.gov/DocketPDF/24...

This nonsense is finally going to get me to start using “cleaned up.”

President Trump's proclamation invoking the 1798 Alien Enemies Act suffered another legal setback, with a second Texas federal judge finding that the executive order failed to establish an invasion or predatory incursion by Venezuelan gang Tren de Aragua. www.law360.com/artic...

An interesting 11th Circuit personal jurisdiction opinion media.ca11.uscourts.gov/opinions/pub... @smmarotta.bsky.social

We filed a cert. petition today on the legal question of how to treat custodial questioning by child-welfare case workers (who ask questions related to the suspected crime and have a legal duty to report the relevant incriminating statements to the police/prosecutors). (link to follow)