SCOTUS May Not Wait to Weigh in on Texas Abortion Ban Challenges: The Morning Minute

APPEALING IDEA - Who says appellate lawyers can only work on appeals? If ever there was a time to shake up the make-up of the traditional trial team, it appears to be right now. With that in mind, appellate lawyers are increasingly being brought into cases long before any appeals are filed in an effort to better anticipate and prepare for how litigation might play out post-verdict. As we explore in this week’s Law.com Litigation Trendspotter, having an appeals expert on board at the trial stage ensures a seamless transition into the appellate phase, with less of a ramp-up period. Appellate gurus can also be invaluable in helping to craft jury instructions that won’t get tossed out, as well as catching missteps by opposing counsel and preserving those issues for appeal. I’m interested to hear what you think: Do you find it helpful for appellate lawyers to get involved in cases at the trial level? Let me know at [email protected].

CAN’T WAIT - The U.S. Supreme Court generally dislikes skipping review of cases by federal appellate courts, but the justices may not be in a patient mood when it comes to the DOJ’s challenge to Texas’s six-week abortion ban, Law.com’s Marcia Coyle reports. The Biden administration on Monday not only asked the justices to block enforcement of the Texas law, but suggested reviewing its challenge this term by granting “certiorari before judgment.” The “before judgment” refers to the U.S. Court of Appeals for the Fifth Circuit, which stayed a district court’s preliminary injunction against the law last week and ordered arguments later this year.  And in a related challenge that bodes well for the government’s request, the justices on Monday granted the motion by the Texas clinic, Whole Woman’s Health, to expedite consideration of its petition for certiorari before judgment. Whole Woman’s Health is also on appeal to the Fifth Circuit and its case has been linked by that appellate court to the government’s appeal. The justices directed the defendants in Whole Woman’s Health v. Jackson to respond to the clinic’s petition for cert before judgment by noon Thursday, the same time Texas must respond to the Justice Department.