In a significant development, President Biden's administration has urged the U.S. Supreme Court to delve into a social media debate involving laws passed by Texas and Florida. The laws at issue, which have sparked conversation over freedom of speech and content moderation, aim to challenge the authority of social media companies to control objectionable content [...]
Pilots are required to learn and use checklists for every aspect of flight, from preparing for take-off to dealing with equipment malfunction. It was a checklist that helped Captain Chelsey “Sully” Sullenberger and co-pilot Jeffery Skiles safely land their US Airways flight in the Hudson River after the plane’s engines were damaged by a flock [...]
“I have always been much better at asking questions than knowing what the answers were.” – Bill James, baseball historian There may be no more daunting task in all Supreme Court practice than distilling a 9,000 word cert. petition down to one or two questions presented. This level of difficulty should come as no surprise—only the [...]
While Supreme Court experts offer nuanced distinctions on how to construct the argument section in a petition for writ of certiorari, most agree that accounting for the difference in purpose between a cert. petition and a brief filed in the lower courts is essential. The paramount difference between a petition and a lower court brief [...]
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 forma pauperis (IFP) proceedings are those cases in which the Supreme Court allows an indigent party to file a petition for writ of certiorari without paying its $300 filing fee or preparing printed booklets (to learn about filing IFP Briefs in Opposition, click here). A petition worthy of certiorari is generally thought to contain [...]
In forma pauperis (IFP) proceedings are those cases in which the Supreme Court allows an indigent party to file a petition for writ of certiorari without paying its $300 filing fee or preparing printed booklets (to learn about filing IFP Briefs in Opposition, click here). A petition worthy of certiorari is generally thought to [...]
Should you file a cert. petition? If you’ve just lost your case in a federal circuit court of appeals or state court, you are likely weighing the pros and cons of appealing to the United States Supreme Court. In order to proceed judiciously, you need to decide if filing a cert. petition [...]
The procedures by which the Supreme Court decides to grant or deny a petition for writ of certiorari are well-guarded. Unless you work, or have worked for the Court, it’s nearly impossible to appreciate the specific mechanisms which contributed to a decision on certiorari. Thanks to Michael Kimberly (Mayer Brown LLP), John Elwood (Vinson & [...]
Petitioning the Supreme Court can be a daunting task. Careless writing, poor formatting, and ignorance of the Court’s rules can significantly decrease the odds that your petition will be selected for review. Filing a brief fraught with errors makes it nearly impossible to win any appeal. By developing a working knowledge of the essentials [...]