Avalon Zoppo

‘Intracircuit Nonaquiescence’: What Is It, Why Did It Arise in SCOTUS' Birthright Citizenship Hearing? The practice of a federal agency not following a court of appeals’ precedent beyond the specific parties to that specific case within that particular circuit has a name: “Intracircuit nonacquiescence.”

‘Intracircuit Nonaquiescence’: What Is It, Why Did It Arise in SCOTUS' Birthright Citizenship Hearing? @thenlj.bsky.social

‘Let’s Get Evidence:' Judge Might Hold Trial in Challenge to Pro-Palestine Student Arrests “I'm looking for a trial, a trial on evidence, with witnesses and the rules of evidence so that facts may be found—not the simple affidavits or advocacy, no matter how eloquent," said U.S. District Judge William Young of Massachusetts.

“I'm looking for a trial, a trial on evidence, with witnesses and the rules of evidence so that facts may be found—not the simple affidavits or advocacy, no matter how eloquent," said Judge William Young, a Ronald Reagan appointee. www.law.com/nationallawj...

Trump-Appointed Judges More Likely to Pen 'Dissentals' Than Colleagues, Study Finds “What we have seen in recent years are examples that make the news headlines of the destructive sort of separate opinion, one that's not actually meant to reason to the right answer, but is written for another reason: to audition or to make waves or to attract the attention of groupies,” said William & Mary Law School professor Allison Orr Larsen.

Trump-appointed judges were 25% more likely to issue dissents to denial of rehearing than other Republican appointees, according to the paper.

What’s Binding Circuit Precedent Post-Chevron? Appeals Court Showdown Could Come “I think that there are some somewhat inconsistent comments in the Sixth Circuit decision that I see as tiptoeing around an important issue without confronting it head on,” said Dan Jarcho, an Alston & Bird partner who focuses on administrative law.

“I think that there are some somewhat inconsistent comments in the 6th Circuit decision that I see as tiptoeing around an important issue without confronting it head on." What’s Binding Circuit Precedent Post-Chevron? Appeals Court Showdown Could Come.

Judges and Lawyers Speak Out Amid Trump Attacks Individuals in the industry have remained largely silent, until now.

Law.com put out two stories today on threats federal and state judges are facing, both in the wake of recent activity from the Trump administration and from a general public shift in recent years.

I've made a starter pack of Law.com reporters and editors with Bluesky accounts, for those looking to keep up with our coverage.

Lawyers Are Worried About Retaliation and Safety Amid Demand Surge "This is an administration that is hell bent on retribution against people that it perceives as having crossed them," said attorney Elaine Fitch, whose firm is representing federal employees. "We have seen that in some of the firings. So, yeah, it is a concern."

Lawyers Are Worried About Retaliation and Safety Amid Demand Surge

Trump Gets Second Shot at Flipping the 3rd Circuit. What Might its Future Look Like? Gregg Nunziata, executive director of the Society for the Rule of Law, said there are open questions about what the future of the court will look like, given uncertainties about Trump’s judicial selection approach.

“Even if we do see a different type of judicial nominee from the president this time around, it won't necessarily generate a big ideological swing in the outcome of the court. [But] it could change the internal, collegial dynamic."

"It has become ever more apparent that to our president, the rule of law is but an impediment to his policy goals. The rule of law is, according to him, something to navigate around or simply ignore" - Judge Coughenour rejecting the DOJ's 14th amendment argument, with fervor.

Judge Accuses Trump of Constitutional End Run, Blocks Citizenship Order "It has become ever more apparent that, to our president, the rule of law is but an impediment to his policy goals," Senior U.S. District Judge John Coughenour said in issuing a preliminary injunction blocking President Trump's executive order on birthright citizenship.

www.law.com/therecorder/...

'Where Were the Lawyers?' Judge Blocks Trump's Birthright Citizenship Order In issuing a preliminary injunction, U.S. District Senior Judge John Coughenour questioned the legal work that went into what he called a "blatantly unconstitutional" executive order restricting who q...

www.law.com/therecorder/...

'We Neither Like Nor Dislike the Fifth Circuit' A debate about "forum-shopping" dominated Tuesday's Supreme Court hearing.

The DOJ struggled Tuesday to convince the justices of a forum shopping problem in the 5th Circuit, story by @jimmyhoover.bsky.social www.law.com/supremecourt...

Is 1st Circuit the New Center for Trump Policy Challenges? Just hours after President Donald Trump signed an order attempting to end birthright citizenship, the first legal challenge against the policy was brought in a federal trial court in New Hampshire.

"The birthright citizenship lawsuit shows that the appellate courts have changed since 2017.” Is 1st Circuit the New Center for Trump Policy Challenges?

Antiabortion advocates look for men to report their partners’ abortions Male partners can have uniquely personal and specific information that help surface new lawsuits in states with abortion bans.

A Texas anti-abortion group is launching "an advertising campaign on Facebook and X to reach the husbands, boyfriends and sex partners of women who have had abortions in the state — with the goal of recruiting them to file lawsuits against those who assisted the women in ending their pregnancies."

Former Thomas Clerk Sarah Harris to Serve as Acting Solicitor General The Williams & Connolly partner will temporarily steer the U.S. solicitor general's office until the expected Senate confirmation of Trump's pick, John Sauer.

Sarah Harris, a former Justice Thomas clerk, will soon take charge of the U.S. solicitor general's office until John Sauer is confirmed as SG, sources tell me. Come next week, the Williams & Connolly partner will serve as principal deputy SG/acting SG. www.law.com/nationallawj...

Beat the Clock: 4th Circuit Sets Uniform Oral Argument Time “The 15-minute limit was a relic of when the Fourth Circuit heard a greater volume of oral arguments,” appellate attorney Steven Klepper stated in an email.

This @avalonzoppo.bsky.social article from earlier this month got me thinking about a deceptively simple question: how much time does each of the federal courts of appeals allot for oral argument? 🧵

www.law.com/nationallawj...

3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign' Adeel Mangi said in a letter to the White House that the system for approving federal court judges is "fundamentally broken" and has turned into "a channel for the raising of money based on performative McCarthyism before video cameras."

3rd Circuit Nominee Mangi Sees 'No Pathway to Confirmation,' Derides 'Organized Smear Campaign'

Today’s must-read, courtesy of @avalonzoppo.bsky.social.

Lawyers, Law Groups Oppose Proposal to Require Court Approval for Amicus Briefs "The proposal may … significantly increase the rate of amicus denials, thereby chilling amicus curiae filings," Seattle personal injury attorney Maria S. Diamond wrote. "This unintended consequence will deprive the courts of valuable assistance to aid their decision-making on issues of public importance.”

Lawyers, Law Groups Oppose Proposal to Require Court Approval for Amicus Briefs

Massachusetts judge accused of misconduct by impeding immigrant's arrest A Massachusetts judge who was criminally charged during President-elect Donald Trump's first administration with impeding a federal immigration arrest of a defendant in her courtroom is now being accused by state judicial disciplinary authorities of engaging in willful misconduct.

New: A Massachusetts judge who was criminally charged during Trump's first administration with impeding a federal immigration arrest of a defendant in her courthouse is now being accused by state judicial disciplinary authorities of engaging in misconduct. www.reuters.com/legal/govern...

2 Federal Judges Rescind Senior Status After Trump Win. Might More Follow? Currently, seven district and appellate judges have conditioned their retirements on the confirmation of a successor. Those judges have the authority to reverse their decision.

2 Federal Judges Rescind Senior Status After Trump Win. Might More Follow?

What Went Wrong With Adeel Mangi's Long, Strange Trip Through the Judicial Nomination Process? U.S. Sen. Cory Booker, D-New Jersey, who has been a booster of Mangi's nomination, appears unwilling to give up the fight. “As long he remains a nominee, I will fight to get him confirmed,” Booker said.

Feels like Dems really dropped the ball on the 3rd Circ. nomination for Adeel Mangi, per this story by my colleague Charlie Toutant: www.law.com/thelegalinte...

Federalist Society Convention Opens With Quips Rather Than Worry Fifth Circuit Judge Andrew Oldham kicked off the Federalist Society’s annual gathering by asking, “Oh my gosh, how excited are we about last week’s blowout victory?”

ICYMI: Fresh off GOP sweep, 5th Cir. Judge Andrew Oldham kicked off FedSoc’s annual gathering by asking, “Oh my gosh, how excited are we about last week’s blowout victory?”

After applause, he delivered his punchline: he was referring to a Texas football win. news.bloomberglaw.com/us-law-week/...

Judges Question 9th Circuit’s Unique Binding Dicta Rule. The Criticism Isn't New. The rule allows panels to treat “well-reasoned” dicta as precedential.

“I was a law clerk on the 9th Circuit, and there were disputes about this [rule] internally. That this was a thing in the 9th Circuit itself struck me as very odd. And also that there was very spirited disagreement that persisted on the 9th Circuit, even by the time I was clerking..."