Kavanaugh Controversy Takes Its Toll | Test Your SCOTUS Knowledge | Thomas on Privacy

Tony Mauro | Marcia Coyle | September 19, 2018

The Brett Kavanaugh controversy was looming in the backdrop of a recent Supreme Court event featuring top practitioners. Plus, on a lighter note, how good is your SCOTUS history? Team Madison squared off with Team Jefferson. And Justice Thomas questions the origin of "expectation of privacy." Welcome to Supreme Court Brief.

Presidential Power & the CFPB: What's Next | Sheldon Cohen in Memoriam | ICYMI: The Book Durbin Asked Kavanaugh to Read

Tony Mauro | Marcia Coyle | September 12, 2018

Brett Kavanaugh railed against the "massive, unchecked" power of the CFPB director. He could soon get a chance to revisit his views—if he's confirmed to the high court. Plus: remembering the legacy of Sheldon Cohen, and have you read the book Dick Durbin asked Kavanaugh to read? Welcome to Supreme Court Brief.

Liberal Law Prof. Akhil Amar: If Not Brett Kavanaugh, Then Who?

Ellis Kim | September 10, 2018

Amar: “If you torpedo Kavanaugh, you’ll likely end up with someone worse—less brilliant, less constitutionally knowledgeable, less studious, less open-minded, less good for America.”

Kavanaugh, Unlike Gorsuch, Stays Mum on Trump's Attacks on Federal Judges

Tony Mauro | September 06, 2018

“I've maintained I'm not going to get within three ZIP codes of a political controversy here,” Kavanaugh said. He would add: “The way we stand up is by deciding cases and controversies independently without fear or favor."

News

Amid Tough Questioning of Kavanaugh, a Peace Offering in the Form of a Book

Tony Mauro | September 06, 2018

“I went home, read the whole thing, and I appreciate it,” Kavanaugh said about the book Sen. Dick Durbin suggested he read.

Kavanaugh Touts 'Team of Nine.' Justice Holmes Saw It Differently: 'Nine Scorpions in a Bottle'

Tony Mauro | September 05, 2018

More than any phrase, Brett Kavanaugh repeatedly has said he aspires to be a member on the "team of nine" at the U.S. Supreme Court. But the history of the court, and its current divisions, may make this goal something of a pipe dream.

News

Brett Kavanaugh Really Didn't Want to Talk About the Federalist Society

Marcia Coyle | September 05, 2018

"I was the president's nominee. I know he consulted widely—very widely—to get input at least on the people who were finalists," Kavanaugh said Wednesday during an exchange with Sen. Sheldon Whitehouse, D-Rhode Island.

Alex Kozinski Harassment Allegations Were 'Gut Punch,' Kavanaugh Tells Senate

Tony Mauro | Marcia Coyle | September 05, 2018

"It was a gut punch for me. It was a gut punch for the judiciary. I was shocked, and disappointed, angry, swirl of emotions," Kavanaugh testified Wednesday about when he learned of the sexual harassment claims against Alex Kozinski of the Ninth Circuit.

This Book Binds Kavanaugh and Gorsuch | Plus: Insider Stories from the Court

Tony Mauro | Marcia Coyle | September 05, 2018

A book about judicial precedents is getting some attention. Plus: a peek at a new buzz-generating book about the justices. This is Supreme Court Brief.

Spurning 'Angry Calls,' Lisa Blatt Raves About Kavanaugh, and Urges Confirmation

Tony Mauro | September 04, 2018

A self-described liberal feminist, Lisa Blatt of Arnold & Porter told the Senate Judiciary Committee that, for Democrats, Brett Kavanaugh was the best choice they could hope for.

DOJ Attacks Harvard's Race-Conscious Admissions Policy

Marcia Coyle | August 30, 2018

Under the direction of U.S. Attorney General Jeff Sessions, the Justice Department said Thursday that Harvard’s race-conscious admissions process "significantly disadvantages Asian-American applicants." Harvard's lawyers at WilmerHale dispute this, and they argue admissions officers "carefully consider each applicant in his or her entirety."

Get Ready for a Frank Oral Argument | New C-SPAN Opinion Survey | Lisa Blatt Goes to Bat for Brett

Tony Mauro | Marcia Coyle | August 29, 2018

Catch up with Ted Frank as he preps for his first U.S. Supreme Court argument. Plus: how many Americans can name the U.S. Supreme Court nominee. And Lisa Blatt will go the extra mile in backing Brett Kavanaugh at his confirmation hearing.

Arnold & Porter's Lisa Blatt Is Picked to Introduce 'Superstar' Brett Kavanaugh

Tony Mauro | August 28, 2018

Blatt, a self-described liberal feminist, extolled Brett Kavanaugh in a recent piece for Politico. And she acknowledged her "friends on the left will criticize me for speaking up." The confirmation proceedings are set to begin Sept. 4.

Short-Handed SCOTUS Could Get New Crack at Partisan Gerrymandering

Marcia Coyle | August 28, 2018

The justices traditionally are reluctant to approve election changes close to an election.

Potential Blockbuster on Supreme Court Horizon Could Reshape Church-State Doctrine

Tony Mauro | August 23, 2018

A U.S. Supreme Court case testing the constitutionality of a cross-shaped memorial on public land in Maryland features myriad Big Law attorneys and a surprise amicus: William Suter, a former high court clerk.

Do Too Many Clerks Spoil the Court? | Plus: Who's the Politest Justice of Them All?

Tony Mauro | Marcia Coyle | August 22, 2018

Some new thinking about the number of U.S. Supreme Courts, as we expect to see this term a particularly large number. Plus: a new Supreme Court blog presents empirical research: including a new post on which justice is the most polite. Thanks for reading Supreme Court Brief.

News

New Disclosures Show Noel Francisco's Stock Sales Before SCOTUS Term

Tony Mauro | August 20, 2018

What we learned from the annual financial disclosure filed by ex-Jones Day partner Noel Francisco, now the U.S. solicitor general.

News

Supreme Court Isn't on Trump's Side as He Bashes Media

Tony Mauro | August 16, 2018

Here are some of the statements U.S. Supreme Court justices have made in landmark decisions about the importance of a free press.

News

2 Years Too Early, Kavanaugh Readied for Rehnquist’s Departure From Court

Tony Mauro | August 13, 2018

Documents the Senate Judiciary Committee posted as part of Kavanaugh's nomination reveal a heightened-alert atmosphere inside and outside the White House surrounding the speculation that Supreme Court vacancies would soon open up.

News

SCOTUS Asked to Ignore Circuit Split on Sexual Orientation Discrimination

R. Robin McDonald | August 10, 2018

Freeman Mathis & Gary attorneys defending Clayton County, Georgia, in a discrimination fight over sexual orientation say the U.S. Court of Appeals for the Eleventh Circuit got it right in a finding that discrimination against people because of their sexual orientation is not prohibited under federal law.

News

Sotomayor's Barbed Dissent in Death Penalty Case Charges 'Rush to Execute'

Marcia Coyle | August 09, 2018

"If the law permits this execution to go forward in spite of the horrific final minutes that [Billy Ray] Irick may well experience, then we have stopped being a civilized nation and accepted barbarism. I dissent," Sotomayor wrote.

News

RBG Action Figure Launched Through Copious Crowdfunding

Angela Morris| August 09, 2018

The doll's features include the justice’s signature jabot, righteous robe and a hardwood gavel "to bring order to your life."

How 'Lucia' Is Landing in Lower Courts | Aditya Bamzai Gets Trump Nod | Justices Make Typos—Just Like Us

Tony Mauro | Marcia Coyle | August 08, 2018

Take a look at how the Supreme Court's ruling in "Lucia" is unfolding in lower courts and at federal agencies. Plus: University of Virginia law's Aditya Bamzai gets the Trump nod for a post on a privacy board, and there's a new endowed chair named in honor of retired Justice Anthony Kennedy.

News

Sotomayor, Kagan Are Interrupted the Most at Oral Arguments: Study

Marcia Coyle | August 07, 2018

Since 2010, according to a newly updated study, female justices have been disproportionately interrupted in every term. In the 2016 term, for the first time, the ratio of female to male interruptions exceeded 2:1.

News

Is it 'Palate' or 'Palette'? Cleaning Up the Supreme Court's Messes

Tony Mauro | August 06, 2018

Most of the U.S. Supreme Court edits this term, as in past ones, fall in the categories of typographical or grammatical errors, or inadvertent word mix-ups. Here's a look at some of the fixes.

News

Arnold & Porter's Lisa Blatt Steps Into Fray, Backing Kavanaugh Nomination

Mike Scarcella | August 02, 2018

"I expect my friends on the left will criticize me for speaking up for Kavanaugh. But we all benefit from having smart, qualified and engaged judges on our highest court, regardless of the administration that nominates them," Lisa Blatt, a top appellate lawyer, wrote in an op-ed at Politico in support of the confirmation of Brett Kavanaugh to the U.S. Supreme Court.

News

Assistant SG Rachel Kovner Channels Scalia at Confirmation Hearing for EDNY Seat

Marcia Coyle | August 01, 2018

Text and original public meaning were the most important tools in interpreting the Constitution, said Rachel Kovner, an assistant to the U.S. solicitor general who's a Trump nominee for the U.S. District Court for the Eastern District of New York. Kovner appeared Wednesday on Capitol Hill for her confirmation hearing.

News

Verrilli Tops Clement as DC Circuit Rejects Christmas Ads on City Buses

Marcia Coyle | July 31, 2018

Judge Brett Kavanaugh heard arguments but did not participate in the ruling. The case, featuring two former U.S. solicitors general, is almost assuredly heading to the U.S. Supreme Court now.

News

US Supreme Court Won't Halt Novel Climate-Change Case

Marcia Coyle | July 30, 2018

The U.S. Supreme Court said the government's request to block the Oct. 29 trial or to suspend discovery was "premature." The court added: "The breadth of respondents’ claims is striking, however, and the justiciability of those claims presents substantial grounds for difference of opinion."

News

Who's Leading AG Jeff Sessions' New 'Religious Liberty Task Force'?

Marcia Coyle | July 30, 2018

The two attorneys—Jesse Panuccio, the acting associate attorney general and a former Foley & Lardner partner, and Beth Williams, head of the DOJ's legal policy office and a former Kirkland & Ellis partner—will oversee implementation of the Justice Department's faith-focused guidance.

Analysis

Kavanaugh's Clerk Hires: Inside the Diverse, Ivy-Heavy Group of 48

Marcia Coyle | Tony Mauro | July 26, 2018

The National Law Journal collected available data on Brett Kavanaugh’s 48 clerks. Here are some of the findings on diversity, law schools and Supreme Court clerkships.

Kavanaugh Has Something to Say About Ellipses... | Plus: A High Court Veteran Goes Solo

Tony Mauro | Marcia Coyle | July 25, 2018

Here's a snapshot of Brett Kavanaugh's advice for appellate lawyers, and we have the story of former Stris & Maher appellate leader Dan Geyser's new journey into solo practice. Thanks for reading Supreme Court Brief.

News

What's Behind Brett Kavanaugh's 145 DC Circuit Recusals?

Marcia Coyle | July 24, 2018

"To the best of my knowledge, I have not been automatically recused in any cases without my also separately reviewing the case," Kavanaugh wrote in his Senate questionnaire. "I review all cases myself, including those in which the clerk's office identifies a potential conflict."

Brett Kavanaugh's 'Friends': Inside Ex-Kirkland Partner's SCOTUS Briefs

Tony Mauro | July 23, 2018

Kavanaugh was counsel of record in 2000 for a petition on behalf of family members of 6-year-old Elian Gonzalez who wanted to keep him in Miami. He also wrote two amicus briefs supporting religious expressions and activity in public places.

News

Kavanaugh Got a White House Call the Afternoon Kennedy Called It Quits

Tony Mauro | July 21, 2018

The timing of Don McGahn's call appears to confirm indications that Brett Kavanaugh was a top contender for the position well before Justice Anthony Kennedy’s retirement announcement.

News

As Cosby Defamation Cases Reach SCOTUS, Possible Fresh Look at Lawyers’ Free Speech Rights

Tony Mauro | July 19, 2018

The cases are drawing interest since the justices have not recently taken up disputes over libel and defamation, a part of First Amendment doctrine that is well-settled.

Kavanaugh's First (And Only) SCOTUS Argument | Thomas Gets the 'Right' Seat

Tony Mauro | Marcia Coyle | July 11, 2018

As Brett Kavanaugh's nomination advances, here's a look back at his first—and only—U.S. Supreme Court argument. Plus: Anthony Kennedy's retirement means Justice Clarence Thomas gets a new chair.

News

Kavanaugh Has Long Questioned Agency Power. Just Look at His First Opinion.

C. Ryan Barber | July 10, 2018

Brett Kavanaugh, on a panel with fellow judges Thomas Griffith and Douglas Ginsburg of the U.S. Court of Appeals for the D.C. Circuit, was “kind of an unknown” going into the argument.

News

Kavanaugh Doesn't 'Search for an Easy Answer,' Former Clerks Tell Senate

Tony Mauro | July 10, 2018

“We never once saw him take a shortcut, treat a case as unimportant, or search for an easy answer," the letter from 34 former Brett Kavanaugh clerks said.

News

TRANSCRIPT: Brett Kavanaugh's Full Remarks at SCOTUS Nomination

ALM Staff| July 09, 2018

"As a judge, I hire four law clerks each year. I look for the best. My law clerks come from diverse backgrounds and points of view. I am proud that a majority of my law clerks have been women," Brett Kavanaugh said at his nomination ceremony Monday at the White House. Read the full transcript here.

Big Law, Academia & Advocates: Early Lines on Kavanaugh

ALM Staff| July 09, 2018

The nomination of Brett Kavanaugh triggered a flood of responses from top appellate lawyers in Big Law, law school professors and advocates on the right and left. We've compiled some notable remarks below.

Seven Brett Kavanaugh Opinions That Will Find Renewed Attention

Tony Mauro | July 09, 2018

Firearms. The environment. Executive power. Judge Brett Kavanaugh's D.C. Circuit rulings will come into sharp focus now, as his Supreme Court nomination advances.

News

Kennedy’s Mixed Business Legacy | What John Roberts Is Reading This Summer | ICYMI: Nomination Runup

Tony Mauro | Marcia Coyle | July 05, 2018

Catch up on Mayer Brown's assessment of the Supreme Court term's big business rulings, and what's Chief Justice John Roberts Jr. reading this summer. Scroll down to find out. Thanks for reading SCB.

News

Conservative Lawyer Bopp Urges Trump to Pass on Kavanaugh for SCOTUS

Ryan Lovelace | July 03, 2018

As conservatives remain split over a potential nominee, James Bopp Jr. sent a letter to the president and vice president opposing Brett Kavanaugh's nomination to the U.S. Supreme Court.

News

Kavanaugh Allies Muster 'Army' of Lawyers to Back Potential SCOTUS Pick

Ryan Lovelace | July 02, 2018

A swath of Washington's legal establishment is ready to jump into action if Brett Kavanaugh gets the nod this month.

News

US Chamber's Top Appellate Lawyer Joins Plaintiff-Side Litigation Boutique

Mike Scarcella | Ryan Lovelace | July 02, 2018

Warren Postman, a former Jones Day associate and Justice David Souter law clerk, had held litigation roles at the U.S. Chamber since 2014. His partnership at Keller Lenkner puts him on the plaintiffs side advocating for class actions, not fighting them.

News

John Roberts Sees Himself as 'Honest Broker' Among the Justices

Tony Mauro | July 02, 2018

“I feel some obligation to be something of an honest broker among my colleagues and won't necessarily go out of my way to pick fights,” Chief Justice John Roberts Jr. said at the biennial conference of the U.S. Court of Appeals for the Fourth Circuit. He also said that at times, “You would sort of sublimate your views.”

News

Bush v. Gore, Abortion Rights & More: 5 Things to Know About Amy Barrett

Marcia Coyle | Tony Mauro | June 29, 2018

Five confirmation and career moments that could reappear at any Supreme Court confirmation hearing if President Trump nominates Seventh Circuit Judge Amy Barrett to succeed Justice Anthony Kennedy.

News

LGBT Workplace Cases Arrive at SCOTUS as Kennedy Punches Out

Erin Mulvaney | June 28, 2018

“It’s not a right versus left, conservative versus liberal issue,” Seyfarth Shaw's Sam Schwartz-Fenwick said. “It will be about the specific question that is presented.”

News

Kennedy's Retirement Leaves His Future Law Clerks in Limbo

Tony Mauro | June 28, 2018

Depending on when Kennedy's successor joins the bench, an orphaned clerk could possibly work for the new justice. Retired justices are entitled to have one law clerk, so one of the four could take that position for Kennedy.

Inside the Court for Trump v. Hawaii | Feuding Footnotes: Alito v. Sotomayor | Justices Decline Legal Malpractice Dispute

Tony Mauro | Marcia Coyle | June 27, 2018

Go inside the Supreme Court for the dramatic announcement of the Trump v. Hawaii ruling, and scroll down for our report on a legal malpractice case -- involving an arbitration clause -- that the justices have declined to hear. Thanks for reading SCB!

News

Clarence Thomas, Alone, Asserts National Injunctions Are 'Historically Dubious'

Marcia Coyle | June 26, 2018

“These injunctions did not emerge until a century and a half after the founding," Justice Clarence Thomas wrote in a concurring opinion in the travel ban case Trump v. Hawaii. "And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality.”

News

Supreme Court's Repudiation of 'Korematsu' Is Bittersweet for Rights Advocates

Tony Mauro | June 26, 2018

"It's sort of a pyrrhic victory," said Supreme Court historian Peter Irons, who organized an effort to persuade the court to overrule Korematsu in 2013. "We really do appreciate the court's action, but wish it was part of a majority opinion that overturned the travel ban."

News

US Supreme Court Rejects Challenge to Trump's Travel Ban

Marcia Coyle | Tony Mauro | June 26, 2018

"We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim," Chief Justice John Roberts wrote for the majority.

News

A Supreme Court Cert Trifecta for Williams & Connolly’s Kannon Shanmugam

Tony Mauro | June 26, 2018

“It’s going to be a busy summer,” says Williams & Connolly partner Kannon Shanmugam.

News

SCOTUS to Decide if America Invents Act Narrows Patent Law's On-Sale Bar

Scott Graham | June 25, 2018

The question is whether disclosure of a private distribution agreement in an SEC filing constitutes a "sale" that starts the clock running on a patent application.

News

#Denied: US Supreme Court Won't Touch Dispute Over Tweeting Federal Judge

Marcia Coyle | June 25, 2018

U.S. Solicitor General Noel Francisco told the U.S. Supreme Court justices that questions surrounding judges’ use of social media “would benefit from further development in the lower courts."

News

US Supreme Court Rejects 'Making a Murderer' Case

Tony Mauro | June 25, 2018

The high court’s action has the effect of leaving in place Brendan Dassey’s sentence of life in prison with eligibility for release in 2048. The petition, filed by former U.S. Solicitor General Seth Waxman, now a partner at Wilmer Cutler Pickering Hale and Dorr, was accompanied by an array of cert-stage amicus briefs.

News

Justices Give Florist New Chance to Prove She Didn't Discriminate Against Gay Couple

Marcia Coyle | June 25, 2018

A state trial court ruled against Barronelle Stutzman, owner of Arlene's Flowers. The justices, without comment, directed the Washington Supreme Court to reconsider its decision in light of the justices' ruling this month in "Masterpiece Cakeshop v. Colorado Civil Rights Commission."

News

A Kennedy Concurrence Fuels Speculation on Chevron’s Future—And His

Tony Mauro | June 21, 2018

Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.

In a Contest of Dictionaries, Justices Decide Meaning of 'Money'

Marcia Coyle | June 21, 2018

“Stock isn’t money; stock is stock,” intoned Justice Neil Gorsuch in his summary from the bench of his majority opinion in Wisconsin Central v. United States.

Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for States

Tony Mauro | Marcia Coyle | June 21, 2018

The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don’t have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.

US Supreme Court Says SEC In-House Judges Are More Than 'Mere Employees'

Tony Mauro | June 21, 2018

But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.

News

Two Big Ducks: What Are the Lessons? | Clement, the SG and Tweeting Judges | Plus: Rod's 1-0 at SCOTUS

Tony Mauro | Marcia Coyle | June 20, 2018

What to make of two cases—Masterpiece and Gill v. Whitford—that perhaps didn't live up to the hype? We asked around. Plus: Paul Clement takes on SG Noel Francisco over a federal judge's twitter account. And Rod Rosenstein's undefeated at SCOTUS. Thanks for reading—and subscribing to—Supreme Court Brief!

News

Sorry, Securities Lawyers, There Won't Be a SCOTUS Ruling on These Fraud Claims

Marcia Coyle | June 19, 2018

The justices, who had granted review in March 2017, dismissed Leidos v. Indiana Public Retirement System on Monday after the parties notified the court they had agreed to settle their dispute. The case attracted widespread amicus attention, including a brief from the U.S. Department of Justice.

News

14 Years Later, Progress Is Elusive for Supreme Court on Partisan Redistricting

Marcia Coyle | June 18, 2018

Justice Elena Kagan offered a path forward on resolving disputes over partisan redistricting, but Chief Justice John Roberts Jr. took a narrow road—calling his colleague's concurring opinion "speculative" and "advisory."

News

US Supreme Court Sides With South Florida Man Over City Hall Arrest

Samantha Joseph | June 18, 2018

The case required the court to examine the intersection of the principles of free speech and probable cause for arrest.

News

US Justice Dept. Returns to SCOTUS to Challenge Another National Injunction

Marcia Coyle | June 18, 2018

The U.S. Department of Justice wants the Supreme Court to restrict the injunction in a sanctuary cities case to Chicago. Last week, DOJ lawyers told the Seventh Circuit it would turn to the high court if the appeals court did not rule to limit the breadth of the injunction.

News

Justices Add Key Cases on Apple’s Antitrust Woes, Asset Forfeiture and Securities Fraud

Tony Mauro | June 18, 2018

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.

Analysis

Supreme Court Justices Continue to Shed Stock Holdings, New Disclosures Show

Tony Mauro | Marcia Coyle | June 14, 2018

Chief Justice John Roberts Jr. and Justices Samuel Alito Jr. and Stephen Breyer each reported selling stock holdings, according to the latest financial disclosure forms, released Thursday. Other stock sales reported in the forms also help explain justices' recusal behavior in cases before the Supreme Court.

‘Making a Murderer’ Petition | New SCOTUS Anthology | Roberts: 'Beware the Robots'

Tony Mauro | Marcia Coyle | June 13, 2018

Wilmer Hale's Seth Waxman talks about his role in the "Making a Murderer" petition at the U.S. Supreme Court. Plus: prominent authors sign onto an anthology focused on U.S. Supreme Court cases. And if you missed the chief justice's commencement address, check it out. "Beware the robots," Roberts told the graduating high school class.

News

Gorsuch, Embracing Originalism, Mustered No Support in Solo Dissent

Marcia Coyle | June 12, 2018

"The contracts clause categorically prohibits states from passing 'any ... law impairing the obligation of contracts,'" Justice Neil Gorsuch wrote in a solo dissent in the case Sveen v. Melin. The framers, Gorsuch said, "were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them."

News

Two Munger Tolles Associates Are Heading to SCOTUS for Clerkships

Tony Mauro | June 12, 2018

Celia Choy and Dahlia Mignouna, both Yale Law School graduates, will continue in their practice in the firm's 12-lawyer Washington, D.C., office until they head to the court in the summer of 2019 to clerk for Justice Stephen Breyer. More than half of the lawyers in Munger's office here are women, and a third are racial or ethnic minorities.

Unanimous US Supreme Court Bars 'Stacked' Class Actions

Marcia Coyle | June 11, 2018

“We hold that American Pipe does not permit a plaintiff who waits out the statute of limitations to piggyback on an earlier, timely filed class action,” Ginsburg wrote for the court Monday in "China Agritech v. Resh." The U.S. Chamber of Commerce, the Washington Legal Foundation and others supported China Agritech in amicus briefs.

Justices, Sharply Divided, Say Ohio's Voter Registration Purges Are Lawful

Marcia Coyle | Tony Mauro | June 11, 2018

"The dissents have a policy disagreement, not just with Ohio, but with Congress. But this case presents a question of statutory interpretation, not a question of policy," Justice Samuel Alito Jr. wrote for the 5-4 majority. In dissent, Justice Sonia Sotomayor wrote: "Communities that are disproportionately affected by unnecessarily harsh registration laws should not tolerate efforts to marginalize their influence in the political process."

Sotomayor Says She's Optimistic About New Law Clerk Hiring Plan

Erin Mulvaney | June 08, 2018

Sotomayor, speaking at the American Constitution Society's national convention in Washington, said she will pay attention to those law schools and judges who follow the hiring plan and will “react accordingly to those who do not.” She is the latest justice to offer support for a law clerk hiring plan that was announced this year.

News

DOJ Civil Chief, 3 Former SCOTUS Clerks Among Latest Trump Court Picks

Ellis Kim | June 07, 2018

The president's 15th round of judicial nominations also included a slate of Big Law lawyers.

Commentary

As SCOTUS Abandons Workers, States, Cities Must Fill Void

Joanna Pearl| June 07, 2018

Now more than ever, states and cities must play a role in fighting for the rights of workers and ensuring the most vulnerable populations have access to those protections.

Breaking Streak, SCOTUS Appoints Advocate Outside Ranks of Former Clerks

Tony Mauro | June 07, 2018

The court recently announced that Atlanta solo Amy Weil was “invited to brief and argue” as amicus curiae in favor of an appeals court decision that neither side supports anymore.

What's the 'Masterpiece' Precedent? | Lessons from Thurgood Marshall | Plus: Breyer Backs Clerkship Plan

Tony Mauro | Marcia Coyle | June 06, 2018

What's the scope of the "narrow" ruling in Masterpiece? Plus: Ross Davies offers some lessons in lawyering drawn from the great storyteller Thurgood Marshall. Thanks for reading SCB!

News

In 'Masterpiece' Case, Why Did SCOTUS Snub Wedding Cakes as Art?

Tony Mauro | June 05, 2018

Justice Anthony Kennedy, who prides himself on his First Amendment views, made short shrift of the cake-as-art argument: “The free speech aspect of this case is difficult, for few persons who have seen a beautiful wedding cake might have thought of its creation as an exercise of protected speech.”

Where the Justices Found Middle Ground in Gay Wedding Cake Case

Marcia Coyle | June 04, 2018

Justices Elena Kagan and Stephen Breyer joined Justice Anthony Kennedy's majority ruling. Kagan opened her concurring opinion by quoting Kennedy: "It is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law."

News

Atlanta Law Firm Loses Seven-Year Fee Fight at US Supreme Court

R. Robin McDonald | June 04, 2018

Lamar, Archer & Cofrin was pursuing more than $104,000 in legal fees a former client had discharged in a Chapter 7 bankruptcy.

News

Judiciary's Proposed Reforms Confront 'Power Disparities' Between Judges, Employees

Tony Mauro | Marcia Coyle | June 04, 2018

Misconduct in the federal courts is more than "isolated," a judiciary working group reports. “Of the inappropriate behavior that does occur, incivility, disrespect, or crude behavior are more common than sexual harassment,” the report, released Monday, stated.

News

Justices Rule for Colorado Baker Who Refused to Make a Cake for Gay Wedding

Marcia Coyle | Tony Mauro | June 04, 2018

"Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission’s consideration of this case was inconsistent with the state’s obligation of religious neutrality," Kennedy wrote for the 7-2 court.

Justices Shut Down DOJ's Drive to Punish ACLU Lawyers in Abortion Case

Marcia Coyle | June 04, 2018

The U.S. Supreme Court on Monday vacated a lower court ruling that allowed a pregnant immigrant teen to have an abortion, but the justices refused to reprimand her lawyers for allegedly misleading the government.

News

Veteran SCOTUS Advocate Allyson Ho Jumps to Gibson Dunn From Morgan Lewis

Tony Mauro | June 04, 2018

A former clerk to U.S. Supreme Court Justice Sandra Day O’Connor, Ho has argued four cases before the high court. Ho joins Gibson Dunn's Dallas office, where her husband, James Ho, recently was a partner before his confirmation to the Fifth Circuit.

John Marshall's Everywhere at SCOTUS | Verrilli's Loyola Speech | No 'Victim' Fees for GE

Tony Mauro | Marcia Coyle | May 30, 2018

Why is John Marshall such a popular guy at the Marble Palace? And: Donald Verrilli Jr. offered his observations on the Trump administration in a recent commencement address. Plus a whole lot more in the latest Supreme Court Brief. Thanks for reading!

News

Plaintiffs Plot 'Way Around' Supreme Court's Ruling Against Worker Class Actions

Marcia Coyle | May 25, 2018

There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.

News

SG Urges SCOTUS to Review 'Clear Evidence' Ruling in Fosamax Case

Amanda Bronstad | May 24, 2018

The U.S. solicitor general has asked the U.S. Supreme Court to review a case that addresses one of the most significant federal pre-emption issues for brand drug companies since Wyeth v. Levine.

News

After the 'Epic' Ruling, Is #Gorsuchstyle a Thing of the Past?

Tony Mauro | May 24, 2018

Early criticism of Justice Neil Gorsuch's writing style seems to be waning, but don’t get any ideas that he has changed to please the pundits.

News

Manafort Takes Supreme Court's Car-Rental Privacy Ruling for Test Drive

C. Ryan Barber | May 23, 2018

It didn't take long for a U.S. Supreme Court decision this term on privacy rights to emerge in perhaps an unlikely spot: the special counsel’s prosecution of former Trump campaign chairman Paul Manafort.

News

This Dispute Over a Tweeting Judge Shouldn't Invite the Justices, DOJ Says

Marcia Coyle | May 23, 2018

Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges’ use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.

Epic Win, But Not for Lawyers? | Four New Grants | Relocating Chief Justice John Marshall

Tony Mauro | Marcia Coyle | May 23, 2018

Catch up with Mayer Brown's Andy Pincus about the Supreme Court's employment arbitration ruling this week, and we spotlight the lawyers involved in four new grants for the October term.

News

Gorsuch Renounces Ginsburg's 'Apocalyptic' Warnings in Landmark Labor Case

Marcia Coyle | May 21, 2018

Neil Gorsuch’s 25-page majority opinion and Ruth Bader Ginsburg’s 30-page dissent offered conflicting views. Ginsburg’s dissent also reflected the growing skepticism of the fairness of arbitration among her liberal colleagues on a court that for many years has been strongly pro-arbitration across the board. The clash marked the second time in months the two justices took aim at each other in writing.

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Justices, Divided, Say Employment Contracts Banning Class Actions Are Lawful

Marcia Coyle | Tony Mauro | May 21, 2018

"The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written," Justice Neil Gorsuch wrote for the majority. In dissent, Justice Ruth Bader Ginsburg called the decision "egregiously wrong."

'Sea Change in the Gaming Landscape' | Georgetown Prof's RBG Shout-Out

vtariyal | May 16, 2018

A Georgetown Law Professor gets a shout-out from Justice Ruth Bader Ginsburg, and we've rounded up some of the reaction to the Supreme Court's sports betting decision this week—looking at the ruling's wide reach.

SG's Social Security Switch | RBG on the Small Screen | Kagan Embraces Clerk Plan

Tony Mauro | Marcia Coyle | May 09, 2018

Welcome to SCB. The SG's office switches an earlier position on attorney fees in a Social Security case, and take a peek at a project that would put RBG on the small screen.

Waiting for Decisions | Who's Behind 'SCOTUS-Toons'? | A 1956 Thurgood Marshall Interview

Tony Mauro | Marcia Coyle | May 02, 2018

The Supreme Court's dragging a bit in releasing opinions, at least by comparisons to other terms. And: Catch up with the computer science student behind the "SCOTUS-Toons" Twitter and YouTube sites.

Last But Not Least: Trump v. Hawaii | And More: FOIA Suit Targets SG's Office

Tony Mauro | Marcia Coyle | April 25, 2018

Why Hawaii? Lt. Gov. Douglas Chin, the former state attorney general, explains. Also: some new faces made appears in the big Texas redistricting case. And: the SG's office is targeted in a FOIA lawsuit.