I have a new Article out in the Journal of Legal Metrics entitled Top Supreme Court Advocates of the Twenty First Century. You can download the article here here. This Article identifies the Supreme Court litigators who have argued at least five times since October 2000, making them — by some measures — “expert Supreme [...]

Michael Dreeben, a Deputy Solicitor General, spent the last semester on leave to teach at Duke University Law School. During his time there, he recorded a nearly hour-long interview that touches on a variety of fascinating topics related to appellate law and Supreme Court litigation. I really can’t loft enough praise on Dreeben. He’s argued [...]

In honor of Carter Phillips arguing twice during the December sitting of the Court, I’ve compiled a list of every instance of this phenomenon since October 2003. If an advocate argued in two separate, but related cases (on the same day), I have still included them in the list. Those instances have been marked with [...]

This morning, as I was perusing next month’s hearing list, I noticed a name I wasn’t familiar with: Roy W. McLeese. It isn’t unusual to see an unfamiliar name, but it is rare to see that that name listed as Acting Deputy Solicitor General. When I first read the listing, I was shocked because the [...]

Time to Update the Resume

Andrew Frey’s biography on the Mayer Brown website says “He has argued 64 cases in the US Supreme Court, more than any other lawyer currently in private practice.” Well, Carter Phillips of Sidley Austin has been creeping up for some time now and finally beat him when he argued for the respondents in Gross v. [...]

I was in Washington earlier today to watch oral arguments in Ricci v. DeStefano, the case in which I filed my own amicus brief. I arrived in Washington around 11:30pm and, after a friend told me that no one was in line at the Court, we got chinese food in Chinatown. We got food and [...]

The Weeks Ahead

As we head into the April sitting, the court’s term is entering its home stretch. The court has already issued 43 opinions, well ahead of where it has been in the last few years. Opinions published going into April sitting: OT05 43 OT06 27 OT07 28 OT08 43 The reason for the increase in early [...]

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 [...]

Random Posts

  • Westlaw Flag Colors for OT10 Cases: 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 Fla...
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • Advocate Scorecard for OT00-Present: This weekend, I went through all the oral argument transcripts from OT00 through OTO8 and I counted how many times each of the major advocat...
  • Another Addition to the Two-in-a-Month Club: Former Solicitor General Gregory Garre is scheduled to argue twice during the December sitting, a relatively uncommon feat for private pract...

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