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The Cockle Bur Blog

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

5 Jan, 2024

Trump and the 14th Amendment

2024-01-05T13:57:30-06:00January 5th, 2024|Tags: , , , |

 “No person shall … hold any office … under the United States …, who, having previously taken an oath … to support the Constitution of the United States, shall have engaged in insurrection or rebellion…, or given aid or comfort to the enemies thereof.”  U.S. Const. amend. XIV, §3. In recent legal developments, the interplay [...]

27 Nov, 2023

Supreme Court Adopts Code of Ethics

2023-11-27T14:38:09-06:00November 27th, 2023|Tags: , , |

The recent unveiling of the Supreme Court's Code of Conduct seems to based, uncontroversially, on the existing Code of Conduct for U.S. Judges. The Court's code, mirroring the structure and canons of its judicial counterpart, appears as a set of guidelines, with the exclusion of rules more applicable to lower courts. The code largely aligns [...]

7 Nov, 2023

Developments in the Courts of Appeals

2023-11-07T15:31:29-06:00November 7th, 2023|Tags: , |

The federal circuit courts of appeals play a vital role in shaping American jurisprudence by interpreting and applying federal laws. These courts serve as a crucial level of review, handling a wide range of cases from all areas of federal law. Let’s take a closer look at some recent news and noteworthy cases: First Circuit [...]

1 Nov, 2023

Key Cases on Supreme Court Docket

2023-11-01T10:34:22-05:00November 1st, 2023|Tags: , , , |

As the 2024 presidential elections draw closer, the looming presence of former President Donald Trump—the leading candidate for the Republican presidential nomination—casts a shadow over a portion of the Supreme Court's November argument session. Three cases are closely associated with Trump's influence while other cases offer opportunities for the Court to address First, Second and [...]

4 Oct, 2023

Supreme Court Petition—Appendix

2023-10-04T11:27:27-05:00October 4th, 2023|Tags: , , , |

Before you put together a U.S. Supreme Court petition’s appendix, you must do two things: Forget what you've previously learned about lower court appendices; and Read Supreme Court Rule 14.1(i). Rule 14.1(i)'s limited categories of required documents reflect the Court's unique role and the narrow purpose of a petition for certiorari: to demonstrate a case’s [...]

27 Sep, 2023

Petition for Certiorari Filed

2023-09-27T11:20:48-05:00September 27th, 2023|Tags: , |

On September 19th, Cockle Legal Briefs filed the petition for writ of certiorari in No. 23-277, Usha Soujanya Karri v. Merrick B. Garland, Attorney General, et al.  The petition arises from a judgment from the United States Court of Appeals for the Seventh Circuit.  You may access the petition PDF here.  The Respondents' response is due [...]

28 Aug, 2023

Women on the Federal Bench

2023-08-28T11:42:24-05:00August 28th, 2023|Tags: , , , , |

On October 25th, 2021, Myrna Pérez, a voting rights expert, made history as the first civil rights lawyer confirmed to a federal appellate court under the Biden administration. A week later, Beth Robinson, a celebrated civil rights attorney and former Vermont Supreme Court justice, joined Pérez on the Second Circuit. In the subsequent months, Jennifer [...]

25 Aug, 2023

Trump Asserts Presidential Immunity: Will SCOTUS Challenge the Claim?

2023-08-25T11:41:35-05:00August 25th, 2023|Tags: , , |

 “Everything that President Trump did was while he was in office as president…he is now immune from prosecution for acts that he takes in connection with those policy decisions.” https://www.politico.com/news/magazine/2023/08/22/trump-immunity-supreme-court-00112124 Former President Donald J. Trump's recent assertion of presidential immunity has ignited a legal debate with far-reaching implications. While previous attempts to assert this immunity [...]

23 Aug, 2023

San Francisco’s Homelessness Problem Reaches 9th Circuit

2023-08-23T13:32:24-05:00August 23rd, 2023|Tags: , , , |

An upcoming hearing at the United States Court of Appeals for the Ninth Circuit has cast a spotlight on the ongoing debate surrounding treatment of homeless individuals in San Francisco. The heart of the matter surrounds a court order that temporarily bars city officials from dismantling tent encampments. This legal issue revolves around the enforcement [...]

16 Aug, 2023

U.S. Supreme Court Faces Content Moderation Debate

2023-08-16T14:54:50-05:00August 16th, 2023|Tags: , , , |

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 [...]