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 [...]

The Supreme Court released the oral argument calendars for the February and March sittings yesterday, leaving five granted cases unscheduled. Those cases are Christopher v. SmithKline Beecham Corp., Dorsey v. U.S., RadLAX Gateway Hotel v. Amalgamated Bank, Arizona v. U.S., and Match-E-Be-Nash-She-Wish Bank v. Patchak. Each of those cases will almost certainly be heard during [...]

Former Solicitor General Gregory Garre is scheduled to argue twice during the December sitting, a relatively uncommon feat for private practice lawyers. He will argue in both Mims v. Arrow Financial Services on November 28 and PPL Montana, LLC v. Montana on December 7. This will be Garre’s second time arguing twice during a given [...]

The Supreme Court’s decision last week to appoint H. Bartow Farr and Robert Long to argue in the ACA cases follows in a long tradition of appointing amici to support positions that might not otherwise receive representation at the merits stage. But should positions themselves receive representation? Earlier this year the Stanford Law Review published [...]

Justice Sotomayor has completed two years on the Supreme Court and, as she begins her third, it seems like an appropriate time to take an initial look at whether or not she has turned out to be as predictably liberal as her supporters had hoped or as her opponents had feared. During her nomination, most [...]

Several commentators have provided their thoughts on why the Supreme Court granted 5.5 hours of oral argument in the the ACA cases. Over at Just Enrichment, Joshua Matz hypothesizes that the decision was made for show, or to simply signal to the public that the Supreme Court was giving this case the utmost respect. At [...]

While browsing the C-SPAN archives for interesting vidoes, I ran across a great one from 1989. The video features Tim O’Brien providing a recap of October Term 1988, which happened to be Justice Kennedy’s first year on the Court. I can’t embed the video, but you can find it here. There are a few interesting [...]

The NLJ recently released their “Minority 40 Under 40” list of the top 40 minority lawyers under the age of 40. Its a fairly arbitrary marker of lawyerly accomplishment, but the NLJ clearly knows how much lawyers love lists. A few Supreme Court litigators make the list. Leondra Kruger – Assistant to the Solicitor general [...]

Today’s New York Times article about Paul Clement, “Lawyer Opposing Health Law is Familiar Face to the Justices“, reminds me of an interesting moment that happened at oral arguments a few years ago. The exchange took place in Perdue v. Kenny A. between Chief Justice Roberts, Justice Alito, and Paul Clement, who was appearing before [...]

Attorneys from the Office of the Solicitor General are scheduled to participate in nine out of the twelve cases scheduled for oral argument during the October sitting. In five cases – Reynolds v. United States, Hosanna-Tabor v. EEOC, Golan v. Holder, Pacific Operators v. Valladolid, Judulang v. Holder – the OSG will represent either the [...]



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