Appellate Advocacy Blog

Much of the initial commentary on the Supreme Court’s fractured opinion in June Medical Services v. Russo focuses on the future of abortion rights, delving into the analytical choices made by Justices Breyer, Roberts, and Alito. But one overlooked theme……
In a 2015 Justice Elena Kagan quipped that, when it comes to statutory interpretation, “we’re all textualists now.” She noted that, when she was in law school, statutory interpretation was not taught, and that judges were often left to make……
Recently, the Seventh Circuit addressed an article that stirred up quite a bit of debate earlier this year. In March 2020, Harvard Law and Policy Review published an article by U.S. District Judge Lynn Adelman sharply criticizing the United States Supreme Court for, in his opinion, advancing the interests of the Republican party in siding with business interests over rights of the middle-class, poor, and minorities. To illustrate his position, Adelman relied on voting rights and campaign finance decisions, largely drawing from the dissents in those cases. The article began by claiming that it is now “a truism that Chief…