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The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

9 Aug, 2019

Supreme Court Sets Sights on Guns

2019-08-09T20:34:28+00:00August 9th, 2019|Tags: , , , , |

After mass shootings in Texas and Ohio earlier this month, public pressure to reform gun laws has been largely focused on Congress and the President.  However, the Supreme Court appears poised to address two significant Second Amendment issues for the first time in a decade. Petition Stage: Sandy Hook Victims No. 19-168; Remington Arms v. [...]

10 Jul, 2019

Stat Pack Released with Term in Rearview

2019-07-10T21:14:37+00:00July 10th, 2019|Tags: , , , , |

SCOTUSblog released its annual Stat Pack for the October Term 2018 last week—an invaluable resource for the Supreme Court community.  You can access the Stat Pack in full, here.  SCOTUSblog’s Adam Feldman provided such a well written summary that I want to quote entirely from his piece here.  Please read the original in full: Adam [...]

1 Jul, 2019

Amicus Curiae Dos and Don’ts

2019-07-01T15:58:50+00:00July 1st, 2019|Tags: , , , , |

Amicus curiae briefs can play an important role in Supreme Court advocacy by bringing relevant facts and argument to the Court’s attention that the parties have not addressed.  Therefore, Amici have a unique opportunity to shape the outcome of a decision. The incidence of Amicus curiae participation in the Supreme Court has increased dramatically over [...]

13 Jun, 2019

Term Heats Up with Summer Recess in Sight

2019-06-13T16:27:24+00:00June 13th, 2019|Tags: , , , |

Between now and the end of June, the Court will release opinions in 24 cases.  Two hot-button political issues have garnered the most attention: (1) whether the Trump administration can put a citizenship question on the 2020 census, and (2) whether federal courts can strike down voting maps as excessively partisan. Though we have no [...]

3 Jun, 2019

Law Review Article Highlights “Virtual Briefing”

2019-06-11T20:35:40+00:00June 3rd, 2019|

  There is a new way to argue at the Supreme Court—a conversation that exists completely outside of the courtroom at 1 First Street: “Virtual Briefing.” A forthcoming paper* in the Cornell Law Review by professors Jeffrey L. Fisher (Stanford Law School) and Allison Orr Larsen (William & Mary Law School) posits that: The open [...]

14 May, 2019

Term Finish Line in Sight

2019-05-14T21:11:04+00:00May 14th, 2019|Tags: , , , |

  Legal commentators have long speculated that Supreme Court Justices prefer to release their most controversial opinions at the end of each term before embarking on summer recess to travel, teach, and write. For the fifth straight term, however, the Court has more than half of its opinions still outstanding at this point of the [...]