We need a name for the property-protecting canon the Supreme Court used in Sackett, the recent Clean Water Act case, and I propose calling it the Sagebrush Canon.

The name is inspired, of course, by the Sagebrush Rebellion, which admittedly more involved public lands as opposed to public regulation of private lands. But the vibes line up.

1/2

#LawProfs #SupremeCourt #AppellateTwitter #Legislation

Independent study.

So, yes?
---
RT @farris_april
What course was your best grade in law school and do you practice in that area? #appellatetwitter
https://twitter.com/farris_april/status/1651728189767536642

---
RT @EllieMargolis
Crowdsourcing a question for #AppellateTwitter: in a party brief (not amicus) do you ever cite non-legal information (empirical data, economic theory, etc.) in support of your legal argument? If so, please indicate type of case (patent, civil rights, etc.) in the comments
https://twitter.com/EllieMargolis/status/1648031170527916035

RT @ChrisEdwardsCA4
#CA4 holds that striking unvaccinated folks from the jury pool is OK under the Sixth Amendment's cross-section requirement. The fair cross-section requirement applies to those selected for jury duty, not the jury itself.

224187.P.pdf (http://uscourts.gov)

#AppellateTwitter

RT @smmarotta
A lovely article on how Sandra Day O'Connor is doing now, after her retirement from public life.

https://www.usatoday.com/in-depth/opinion/2023/03/31/supreme-court-justice-sandra-day-oconnor-alzheimers/11535424002/

#AppellateTwitter

from @jodyssanders:

> Texas parents, the Texas Supreme Court just approved a form to use to initiate an action to obtain an injunction to stop cyberbullying. See the attached link: https://www.txcourts.gov/media/1455991/239014.pdf

#appellatetwitter #texas #cyberbullying

RT @kdgarcia
@JudgeFergusonTX I used to not care about font. Then I got a job that requires super intense reading 6-10 hours a day. Wrong font=headache. Right font=finishing the day mentally tired. Perfect font=delightful experience. #appellatetwitter

RJPeltzSteele: A Day in the Life of the Practicing Appellate Lawyer (& Prof): @RobSteinbuch, from The Savory Tort, https://t.co/QQMFK14nG2 #appellatetwitter #lawschool 1630210018728374274

In an interesting twist on the administrative-remand rule, the #9thCir held that the general bar on appealing administrative remands doesn't apply when the district court hasn't made a decision on the merits.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-administrative-remand-rule-non-merits-decisions

The #11thCir dismissed an appeal because the purported Rule 41(a)(1)(A) dismissal of unresolved claims was ineffective. I'm not entirely convinced by this "actions only" interpretation of the rule.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/finality-after-rule-41-dismissals-of-claims-actions

#AppellateTwitter OA tip: Resist the urge to tell your panel to stay in its lane.

Thoughts and prayers.
---
RT @LisaRooseChurch
Listening to arguments in a case and the attorney told the judges to "stay in your lane," which did not make one judge happy
https://twitter.com/LisaRooseChurch/status/1625904864751497239

Guerrero-Lasprilla continues to change circuit law on the scope of immigration appeals, as the Sixth Circuit held that it can review good-moral-character determinations in cancellation-of-removal cases.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/reviewing-good-moral-character-determinations-in-immigration-appeals

The #9thCir clarified its law on appealing the Bivens question as part of a #QualifiedImmunity appeal: it can be done, and it doesn't require pendent appellate jurisdiction.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-ninth-circuit-on-qualified-immunity-appeals-the-bivens-question-and-pendent-appellate-jurisdiction

This #7thCir opinion provides a good primer on the difference between conceding issues for purposes of an appeal and waiving those issues on appeal (with suggestions of how to make sure you're doing the former).
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/conceding-issues-for-purposes-of-appeal-v-waiving-issues-on-appeal

I’ve put the weekly appellate-jurisdiction roundup on hiatus for a now. In its place, I’m going to try (emphasis on try) more individual posts and monthly roundups.

So here is the roundup for January 2023, featuring a cert grant on a long-simmering circuit split, a new circuit split on contempt appeals, some pendent appellate jurisdiction, and a new cert petition on another split.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-january-2023/

There's a new cert petition on the post-Guerrero-Lasprilla split over jurisdiction to review hardship determinations in immigration appeals.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/new-cert-petition-on-reviewing-hardship-determinations-in-immigration-appeals/

Too many to count. Fortunately, I get paid at my job for a bunch of them. #AppellateTwitter
---
RT @Standplaats_KRK
What subject would make you do this?
https://twitter.com/Standplaats_KRK/status/1620472927530393619

RT @JudgeDillard
On this day in history, February 1, 1790, the Supreme Court of the United States assembled for the first time in the Exchange Building in New York City. #appellatetwitter https://www.supremecourt.gov/about/institution.aspx

As everyone should. (Seriously, it’s so helpful)

RT @pjaicomo@twitter.com

I sprung for the Fancy Cat edition. #appellatetwitter

🐦🔗: https://twitter.com/pjaicomo/status/1620065953865424897

Updating this thread to note that the draft is now posted on SSRN.

“Supreme Court Litigators in the Age of Textualism” examines 35 years’ worth of #SupremeCourt briefs to see how litigators’ use of interpretive tools has changed over time and how their practices compare to the Court’s practices.

Link here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4339838

#appellatetwitter #appellatemastodon

Abstract: