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 [...]
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 [...]
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 [...]
The U.S. Supreme Court adopted changes to its rules this week that reduce the number of words allowed in merits briefs and require parties to identify any lower court cases that are directly related to Supreme Court proceedings. The new rules go into effect July 1, 2019. Word limits: A revision to Rule 33.1(g) [...]
During the Supreme Court’s 2017 Term, the number of paid (booklet format) cases increased 11% while the number of in forma pauperis (IFP) filings decreased 3%.* 2017 Term 6,315 total filings 4,595 IFP filings 1,720 paid filings 2016 Term 6,305 total filings 4,755 IFP filings 1,550 paid filings To place these numbers in perspective, [...]
Retired Supreme Court Justice Sandra Day O'Connor says she has been diagnosed with early onset dementia and will step away from public life. O'Connor, 88, was nominated to the Supreme Court by President Ronald Reagan as the first female Supreme Court justice of the United States in 1981. O’Connor served on the nation’s highest [...]
Today we filed a petition for rehearing in No. 17-1571, Marranca v. Loytsker.
Today we filed a petition for rehearing in No. 17-1537, Morrison v. Quest Diagnostics Inc., et al.
The Supreme Court began its new term Monday without nominee Brett Kavanaugh. Sitting with eight Justices – just like the beginning of the 2016 term – Chief Justice John Roberts found his courtroom mired in a political battle over President Trump’s controversial choice to fill Justice Kennedy’s seat. Republicans had hoped to have Kavanaugh confirmed [...]
Supreme Court Rule 21 governs motion practice, which often involves routine matters of procedure that don’t go to the merits of a case. Counsel is advised to concisely state what relief is requested and the reason it should be granted. These filings are either acted upon directly by the Clerk’s Office or forwarded to the Justices for [...]