The Supreme Court receives many types of documents each day for its review. Appeals to the Supreme Court alone encompass a lot of different types of briefs, including petitions, briefs in opposition, amicus curiae briefs, and reply and supplemental briefs, to name a few. Less frequently, but equally important, are original actions, which are […]
The Supreme Court receives thousands of filings. These include various types of briefs, motions, and applications. The motions and applications the Court receives may include issues such as motions to file amicus curiae briefs, motions or applications for filing date extensions, and applications for stays of orders from the lower courts. Stay applications are frequently […]
The legal world was shocked when the infamous Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit announced his retirement last week, effective immediately. Judge Posner is well-known in the legal community for being witty and outspoken, sometimes courting controversy with his statements. Though his retirement is seen as abrupt, […]
Federal appellate court practice can be a daunting experience, especially if you practice in multiple circuits. While the circuits share many common rules and practices, many of the circuits also have unique features that are important to be aware of.
Federal Rule of Appellate Procedure 28(a)(4) states that one of the things that must be included […]
The Supreme Court receives thousands of briefs each term. In addition to the typical petitions, briefs in opposition, amicus briefs, and various other briefs, the Justices also receive applications for stays. These applications are typically requesting a stay of execution, but may request a stay on other types of orders as well.
Applications for stays are […]
Ruth Bader Ginsburg (or “Notorious RBG” as she is affectionately known as in the law blogging world) was born in Brooklyn, New York, on March 15, 1933. Although Ginsburg has a lengthy list of accomplishments earning her the “notorious” moniker, one of her most notable accomplishments includes being only the second female United States Supreme […]
“For want of a comma, we have this case.” This is the opening sentence to a recent opinion from the United States Court of Appeals for the First Circuit. In O’Connor v. Oakhurst Dairy, No. 16-1901 (1st Cir. 2017), the First Circuit ruled on whether a missing Oxford comma in an overtime exemption statute entitles […]
Another day, another thought-provoking tweet from President Trump. Recently, he claimed that former President Obama authorized illegal wiretaps in Trump Tower during the 2016 presidential campaign. A number of people have stated that this is blatantly false, including former Director of National Intelligence James Clapper, FBI Director James Comey, and of course, Barack Obama himself. […]
President Trump’s recent executive order on immigration is already facing several legal challenges, despite the policy being only a few weeks old. At the time of this writing, the United States Circuit Court of Appeals has declined to grant a stay on a temporary restraining order suspending the order, and the Trump administration is preparing to […]