DailyWrit

I’ve been thinking a lot lately about the role clerks play and how they influence the way cases are accepted and decided. Obviously they play a huge role in Cert. Pool (which Justices Stevens and Alito forgo) as well as writing the opinions once they are ready to be distributed.
In today’s order’s list (here), […]

Audio files from the October Term 2007 are now online over at Oyez. You can find them here.
Recommended listens: Announcement of Boumediene v. Bush and Oral Arguments in Danforth v. Minnesota.

There is a fascinating fight going on behind the scenes of a case about to reach the Supreme Court. The argument more or less boils down to whether a local attorney who has been with a case for a decade or an experience Supreme Court advocate fresh to the case should argue in front of […]

The Supreme Court yesterday heard arguments in Winter v. Natural Resources Defense Council, a case revolving around Navy sonar exercises off the coast of California and their potential impact on the environment.
Justices on both sides of the normal ideological division seemed unpersuaded by the NRDC. Justice Breyer at one time asked,
I will express a […]

The Court heard oral arguments on Tuesday in Herring v. US, a case that revolves around whether or not the exclusionary rule applies in scenarios where there is an error made by the police. Plaintiff was arrested after police where mistakenly notified that a warrant was out for his arrest. The warrant had been withdrawn […]

Apparently I’m late on this, but Adam Liptak at the New York Times reports that Justice Alito has opted out of the Cert. Pool. The Cert. Pool is a system in which Justices pool together their clerks to review cert petitions more efficiently. One clerk will review petitions and draft a memo that is circulated […]

The Court convened Monday to begin the new term and first heard oral arguments in Altria Group v. Good. The case revolves around whether or not federal labeling regulations on the use of ‘light’ or ‘low-tar’ cigarettes preempts state deceptive advertising claims.
Theodore Olsen opened arguments on the day on behalf of the tobacco companies […]

The Court last week decided to end months of speculation in Louisiana v. Kennedy when it struck down a motion for rehearing and simply issued a revised opinion. The move is not unprecedented but it is extremely unusual and done only in very specific circumstances. The modified opinion can be found here.
Justice Kennedy wrote an […]

The state of Louisiana and attorneys for Patrick Kennedy have filed petitions arguing whether or not the Court should rehear the landmark death penalty case as a result of research oversight. The original petition for rehearing can be found here. You can find the Petitioner’s brief in opposition of rehearing here, the Respondent’s brief in […]

The Supreme Court is scheduled to hear its first case of the new term on Monday, October 6. The first case of the day will be Altria Group and Phillip Morris v. Good, a case that centers around whether a suit filed by the state of Maine against Phillip Morris and others for deceptive advertising […]

The State of Louisiana filed for reharing in Louisiana v. Kennedy, the landmark death penalty case in which the Court held, 5-4, that capital crimes cannot Consitutionally include non-life ending crimes such as child rape. The state filed a petition for rehearing earlier this summer and since then the Federal Government has asked to join […]

I can’t talk much because I’m on a plane waiting to take off at DFW, but this is one news story that hasn’t been given enough attention. I don’t say that because I think it hasn’t gotten enough press - it certainly has. But is anyone paying attention? His driver got 66 months in jail! […]

Smith and Wesson today announced an engraved Model 442 handgun to commemorate the landmark Second Amendment decision DC v. Heller.
The Smith & Wesson Model 442 will be laser engraved with an insignia to commemorate the ruling by the Supreme Court. On the right side plate of the revolver, the scale of justice is depicted […]

The ABA Journal breaks down the 25 Greatest Legal Movies of All-Time here. I agree with a lot of it, although there were definitely some rankings that I disagree with (Erin Brockovich too high, A Few Good Men too low.)

A lawyer in Vancouver, Washington filed a complaint that weighed in a a whooping 465 pages. Defendants understandably upset and the Judge wasn’t too impressed by the lengthy complaint. He granted the motion and made his reasons very clear:
Not before page 30 does the Complaint address the facts alleged. Plaintiff’s allegations continue for 87 […]