FRAP gap

Today's DJ has GDC's Bradley Hamburger and Jeremy Smith's A modest proposal: Amend FRAP to permit reply briefs in support of petitions for permission to appeal:

With the creation of Federal Rule of Civil Procedure 23(f) and enactment of the appeal provisions of the Class Action Fairness Act in recent decades, parties increasingly are seeking early appellate review of critical mid-case rulings. But to obtain review, prospective appellants must petition the relevant Court of Appeals in accordance with Rule 5 of the Federal Rules of Appellate Procedure. FRAP 5, however, has an unusual gap. While it permits the would-be appellee to file a response to a petition seeking permission for an interlocutory appeal, it is silent on whether the petitioner may file a reply brief in support of the petition. This inexplicable omission should be fixed. FRAP 5 should be amended to permit a short reply brief of no more than 2,600 words (the same that FRAP 27 provides for motions).

Also in the federal appellate world, Bloomberg Law has Kozinski Porn Suit Judicial Bias Claims Tossed by Federal Court

The NLJ has also put out its annual Call for Nominations: the NLJ's 2021 Appellate Hot List