This week’s roundup takes us through some of the most notable events in the appellate world, courtesy of Howard Bashman’s How Appealing blog – the first blog on the web dedicated to appellate litigation.
One of the week’s main highlights includes a revelation regarding the potential confirmation of President Biden’s Muslim judicial nominee, as reported by MJ Lee of CNN. Democratic senators have privately voiced that the support may not be there to confirm the nominee, sparking concerns about potential roadblocks in the nomination process.
Next, we turn our attention to an Antiquities Act challenge set to have its oral arguments in September. As per Bobby Magill of Bloomberg Law, this case will arguably be significant due to Chief Justice Roberts’ historic skepticism regarding large monument creation.
In yet another legal development, Ned Foley raises a crucial question in his post on Lawfare blog: Can Congress disqualify Trump following the Supreme Court’s Section 3 ruling? This question, brewing from the Supreme Court’s unanimous decision, now presents two contrasting interpretations.
Moving on, former Federal Circuit judges Paul Michel and Kathleen O’Malley have penned down an essay that says that it’s high time Congress clears the air on the Supreme Court’s stand on patents. The article sheds light on the pressing need for a clear-cut, rational legal framework in this technical domain.
Adding to this week’s surge of appellate topics, Jacqueline Thomsen of Bloomberg Law reports on an exceptional rise in en banc cases that the Trump-stacked Fifth Circuit may be hearing. Thomsen suggests the youthfulness of the court could be behind this spike in rehearings.
For further insights into these topics, visit the original post on Above the Law.