Today was another big day at the Supreme Court. Among the four merits opinions released, we got a very interesting summary reversal in Ryburn v. Huff and a landmark opinion in U.S. v. Jones, the GPS-tracking case. Unfortunately, I haven’t been able to plow through the latter yet, but I hope to get through it [...]

I run into the exact same debate every year around mid-January: which cases will be heard during the current term and which will be pushed over to the next? For example, the Court granted three cases on Friday but should I categorize them as OT11 cases or OT12 cases? Predicting which cases the Court will [...]

The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case centering around arbitration clauses, is especially interested. In an opinion written by Justice Scalia, the Supreme Court somewhat predictably upheld an arbitration agreement and read the Credit Repair Organizations Act’s nonwavier [...]

The Supreme Court has released the Hearing List for the January sitting and you can find it here. Several high-profile advocates are back in action during the January sitting. Gregory Garre leads all attorneys in private practice with his fourth argument of the term in United States v. Home Concrete & Supply and Solicitor General [...]

I’ve always thought it was funny that WestLaw handed out yellow flags like they were candy. I’m referring, of course, to “KeyCite Status Flags,” the shorthand notation given to each case to signal whether it has some negative history, is bad law, or has direct history. Red Flag: “In cases and administrative decisions, a red [...]

Much has been made of the memo that William Rehnquist wrote as a clerk to Justice Robert Jackson advising him to uphold Plessy v. Ferguson in Brown v. Board of Education. Rehnquist always maintained that he was only writing what his boss wanted to read, but Rehnquist’s detractors saw that as a flimsy excuse. I [...]