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WASHINGTON � While veteran U.S. Supreme Court litigators compete for a share of the dwindling high court docket, there are new kids on the block who came of age in the term just ended: law school Supreme Court clinics. Five clinics from law schools at Stanford, Yale, Northwestern University, the University of Texas and the University of Virginia represented either parties or amici in cases this term, and another Supreme Court clinic � at Harvard � plans to join the effort this fall. “I really do think � whether you’re talking about criminal defendants or plaintiffs in Section 1983 civil rights actions � there’s a whole class of litigants out there where there’s not necessarily the ability to funnel Supreme Court expertise to them, certainly not in the way there is for governments and businesses,” said Andrew J. Pincus, partner at Mayer Brown Rowe & Maw, who, with colleague Charles Rothfeld, is co-director of the Yale clinic. The clinic represented the Freedom From Religion Foundation, a nonprofit organization, in the term’s major religion clause case � Hein v. Freedom From Religion Foundation. Pincus argued the case. Clinic students participated in petition and brief drafting in a total of nine cases. Stanford’s clinic, the first to form in 2003, participated in six cases, with clinic co-director Professor Jeffrey Fisher arguing on behalf of the criminal defendant in Burton v. Waddington, and clinic co-instructor Kevin K. Russell of Washington’s Howe & Russell arguing on behalf of Lily Ledbetter in Ledbetter v. Goodyear, the term’s major employment law challenge. Northwestern’s clinic, in its maiden year under the guidance of Sidley Austin’s Carter G. Phillips and Jeffrey Green, assisted in four cases. The high court also granted review in the new term to the students’ petition in Gall v. U.S., a sentencing guideline, post- Booker challenge. Big year for two Texas clinics Texas’ Supreme Court Clinic and its Capital Punishment Clinic were involved in five cases. Review was granted in one Supreme Court clinic petition, which later settled, and the justices sought the views of the solicitor general in another. Clinic students also assisted with the term’s major death penalty challenge, Panetti v. Quarterman, which, along with three other Texas death penalty cases, was won by the Capital Punishment Clinic. There was a “high likelihood” that neither of its cases would have gone anywhere “but for the expertise the clinic’s professors bring to bear and the diligent work of the law students,” said Supreme Court clinic instructor David C. Frederick of Washington’s Kellogg, Huber, Hansen, Todd, Evans & Figel. “That’s not to say those issues wouldn’t be granted at some point in another case, but in any individual case, advocacy does matter.”

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