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26 Oct, 2018

Sandra Day O’Connor to Step Away from Public Life, Citing Dementia

Author |Supreme Court|0 Comments

 

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 court for […]

15 May, 2018

Supreme Court Rules on Sports Betting – Now Up to State Law

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Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own…. Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not.  — Justice Samuel A. Alito Jr
The Supreme Court on Monday […]

10 May, 2018

Supreme Court Justice Kennedy to Retire Next Month?

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“I believe we’re going to have another Supreme Court justice this year. I think Kennedy is going to retire around sometime early summer.”

– Sen. Dean Heller, R-Nev.

Rumors of Justice Kennedy’s impending retirement have persisted for the last three years.  With six weeks left in the 2017 term – Kennedy’s 30th year as a member of […]

7 May, 2018

Kennedy Retirement Watch

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As the October 2017 term winds down, all eyes are on Justice Kennedy for any indications that he will announce his retirement from the bench. While there have been no new rumors or public signs that he intends to retire, both Republicans and Democrats have been monitoring the situation closely as a vacancy would likely […]

3 Apr, 2018

All About Original Actions

Author |Constitutional Law, Supreme Court, Supreme Court Rules|0 Comments

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 […]

16 Feb, 2018

Guns and the Supreme Court in the Last Decade

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Firearm case law in the United States is largely based on decisions of the Supreme Court and federal circuit courts of appeals.  When tragedies like Parkland, FL or Sandy Hook, CT occur, Second Amendment supporters and detractors are quick to opine on the state of guns in America.

Today, we offer a quick look at how […]

1 Feb, 2018

How to File a Stay in the Supreme Court

Author |Constitutional Law, Supreme Court, Supreme Court Rules|1 Comment

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 […]

27 Dec, 2017

Oral Argument at the Supreme Court

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Some attorneys view oral argument as a mere formality, particularly in courts where judges actually read party briefs in advance.  Counsel may think, “what can a few minutes of argument add to what a judge has already learned from reading pages-and-pages of my well researched, highly-persuasive brief?”

But, as wise lawyers know, oral argument can effectively […]

10 Nov, 2017

Drafting Notes for Petitions and Petition Stage Reply Briefs

Author |Preparing Your Brief, Supreme Court, Supreme Court Rules|0 Comments

While the rules for the Supreme Court provide the guidance necessary for producing a compliant brief, there are some unwritten requirements that every filer should be aware of when preparing their Petition and Petition Stage Reply brief. Failure to comply with these unwritten rules may result in having your filing rejected by the Court.

Petitions

Questions Presented […]

7 Nov, 2017

So You’re Saying There’s A (3.8%) Chance?

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According to statistics from the most recently completed Supreme Court term, you have more than a snowball’s chance in you-know-where of getting a petition for writ of certiorari granted.

During the Court’s 2016 Term, completed in June, the Justices disposed of 6,305 petitions – down from 7033 filings in the 2014 Term and 6475 filings in […]