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.

News

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.

Trump's Tweets, Kennedy & More: What to Watch at Travel Ban Arguments

Marcia Coyle | April 24, 2018

Four things to watch Wednesday morning when the justices take up argument over the Trump administration's travel ban. Trump's said a lot about the ban. How much will his words matter?

Catching Up With Carter Phillips | The Haiku Amicus Brief | Jeff Fisher's Expanded Role

Tony Mauro | Marcia Coyle | April 24, 2018

We caught up with Sidley Austin's Carter Phillips before his big argument Tuesday in a closely watched antitrust case. And did you see the haiku amicus brief the justices allowed to be filed? Scroll down for all the action at the high court.

News

Splintered Supreme Court Shields Foreign Corporations From Alien Tort Statute

Tony Mauro | April 24, 2018

The splintered 91-page decision in Jesner v. Arab Bank—Justice Kennedy wrote for the majority—narrows the reach of the Alien Tort Statute and finishes a task the court left incomplete in its 2013 ruling in Kiobel v. Royal Dutch Petroleum.

News

High Court Rejects Challenge to PTO Patent Validity Review With Caveats Added

Scott Graham | April 24, 2018

But the justices suggest procedure might not cover patents issued before 2011 passage of America Invents Act.

News

Video: Tony Mauro Catches Up With Sidley's Carter Phillips

ALM Staff| April 23, 2018

"I am very happy to be back just practicing law," says Carter Phillips, formerly chairman of Sidley Austin's executive committee.

News

Justices Steer Clear of Debate Over Presidential Firing Power

Tony Mauro | April 23, 2018

Though Deputy Solicitor General Jeffrey Wall raised the removal issue more than once, some justices seemed uninterested or antagonistic, preferring to sort out the hiring implications of the designation of officers.

Rod Rosenstein's Borrowed SCOTUS Garb Was 'Not Bad,' but Will He Win the Justices?

Marcia Coyle | April 23, 2018

Deputy Attorney General Rod Rosenstein, attired in the government's traditional Supreme Court garb of morning coat and vest—borrowed for the event from the U.S. Solicitor General's Office—made his first high court appearance Monday.

Looking at 'Lucia' | Rod Rosenstein's SCOTUS Debut | Plus: Searching for a 'Cy Pres' Case

Tony Mauro | Marcia Coyle | April 23, 2018

We preview some of the issues at play in the Supreme Court's argument over administrative law judges, and Rod Rosenstein was set to make his SCOTUS debut on Monday.

News

Stanford Law's Jeffrey Fisher, Veteran SCOTUS Lawyer, Joins O’Melveny as Special Counsel

Tony Mauro | April 23, 2018

Fisher, who has argued 35 cases before the high court, will maintain his position at Stanford and as co-director of its Supreme Court clinic, a position he's held since 2006.

A Notable SCOTUS Bar Admission | More on Gorsuch's Liberal Alignment

Tony Mauro | Marcia Coyle | April 18, 2018

Catch up on the latest Supreme Court reporting from Tony Mauro and Marcia Coyle, including a spotlight on a notable admission to the Supreme Court bar, and more on Neil Gorsuch's alignment Tuesday with the court's liberal wing.

News

Justices Eye Congress, 'Massive' Lawsuit Potential in Online Sales Tax Case

Marcia Coyle | April 17, 2018

"I'm concerned about the many unanswered questions that overturning precedents will create," Justice Sonia Sotomayor said at one point during the argument Tuesday.

Taxing Affair | Order of the Court: Ham and Eggs | Clerk Milestone

Tony Mauro | Marcia Coyle | April 17, 2018

Inside the briefs in the billion-dollar sales tax challenge at the hight court. And more on the interesting CVSGs from Monday. Plus: We update news of the first known Native American clerk on the Supreme Court.

News

Supreme Court Ruling Ends Microsoft Email Privacy Case

Tony Mauro | April 17, 2018

“No live dispute remains between the parties over the issue with respect to which certiorari was granted,” the court stated in a three-page order.

News

Sotomayor On the Bench After Breaking Her Shoulder at Home Monday

Tony Mauro | April 17, 2018

"Justice Sotomayor plans to continue with her schedule as usual,” a Supreme Court spokesperson said in a statement.

News

Video: Marcia Coyle Catches Up With Georgetown Law's Joshua Geltzer

ALM Staff| April 15, 2018

Marcia Coyle catches up with Joshua Geltzer, founding executive director of the Institute for Constitutional Advocacy and Protection at Georgetown University Law Center.

'Not Just About Cakes' | RBG on Big Screen | Death Row Victory

Tony Mauro | Marcia Coyle | April 11, 2018

Veteran Supreme Court advocate Paul Smith shares his reason for writing a very personal blog post on the pending Masterpiece Cakeshop challenge. Former U.S. solicitor general Gregory Garre discusses his recent death penalty win. And we give you a sneak peek at the forthcoming documentary, RBG, opening in theaters in May.

News

Neil Gorsuch Loves His 'Dream Job,' Ignores the Criticism, Friends Say

Tony Mauro | April 10, 2018

"He is not paying attention to the newspapers, he's paying attention to briefs, and cases, and laws. He's not one for the D.C. cocktail circuit, as it were. Just not his scene, never has been," says Jamil Jaffer, a former Gorsuch clerk.

SCOTUS Interrupted | 'Bivens' Redux | And: Sotomayor's French

Tony Mauro | Marcia Coyle | April 04, 2018

What to do about SCOTUS interruptions? Political scientists who have studied the problem offered some possible solutions. Plus: We look at the cross-border shooting case the justices sent back to the Fifth Circuit.

News

Pardon Her French: Sotomayor Voices Frustration With Her Colleagues

Tony Mauro | April 02, 2018

Sotomayor’s dissents on Monday fit her longtime practice of speaking out in cases in which defendants, in her view, are given short shrift.

News

Trump Lawyer Jay Sekulow Loses SCOTUS Petition in Abortion Videos Case

Marcia Coyle | April 02, 2018

Sekulow had asked the high court to overturn an injunction against his client, Troy Newman, president of the anti-abortion group Operation Rescue.

News

Justice Dept. Hits Microsoft with New Search Warrant in SCOTUS Privacy Case

Tony Mauro | April 02, 2018

U.S. Solicitor General Noel Francisco told the high court about the new warrant in a brief that also urged the justices to declare as moot the case United States v. Microsoft. The justices heard argument in February.

News

Justice Alito 'Unrecuses' in Upcoming Patent Case

Mike Scarcella | March 28, 2018

Justices usually do not explain their reasons for recusing—or undoing a recusal, for that matter—but the explanation in this case seems relatively clear.

Mapping a Gerrymander Solution | Prof. Re's Brief Rules | Toasting David Frederick

Tony Mauro | Marcia Coyle | March 28, 2018

We've got the preview of arguments in the second of two closely watched partisan gerrymander challenges. SCOTUS advocates turned out in force to cheer David Frederick of Kellogg, Hansen,Todd, Figel & Frederick, as he celebrated his 50th high court argument. And we look at an amicus brief—from UCLA Law School prof Richard Re—that got a lot of attention during an argument Tuesday.

News

Of Course! SCOTUS Appears Split Over How to Handle Split Decisions

Tony Mauro | March 27, 2018

Some justices seemed sympathetic to the problems caused by splintered opinions for lower court judges especially when, as Chief Justice John Roberts Jr. put it, “If I'm a court of appeals judge, it seems to me the most important thing in deciding the case is to make sure that I'm not reversed.”

News

Thomas Calls the Second Amendment a 'Constitutional Orphan.' Stevens Now Says Get Rid of It.

Marcia Coyle | March 27, 2018

"The demonstrators should seek more effective and more lasting reform,” Stevens said in a New York Times op-ed. “They should demand a repeal of the Second Amendment.” At the high court, the justices have shown no strong appetite to dive into the Second Amendment in recent years.

Plurality Puzzles | Microsoft & the CLOUD | Relishing RBG

Tony Mauro | Marcia Coyle | March 27, 2018

How to apply fractured U.S. Supreme Court precedents? The issue returned to the justices Tuesday in a sentencing case. Plus: How the government responded to the passage of the CLOUD Act and its potential impact on the pending decision in United States v. Microsoft. And: More lawyerly input on another vexing issue: Is a hot dog a sandwich?

News

How Merrick Garland Landed a Supreme Court Clerkship With Brennan

Tony Mauro | March 26, 2018

Warm letters between the late Justice Brennan and Merrick Garland were among a section of Brennan’s papers at the Library of Congress that were closed to the public until last year, the 20th anniversary of his death.

Justices Won't Review $380M 'Cy Pres' Agreement That Noel Francisco Held His Nose Over

Marcia Coyle | March 26, 2018

The Justice Department in June, under U.S. Attorney General Jeff Sessions, announced a new policy that generally prohibits government attorneys from entering into settlement agreements that require “cy pres” payments. Still, DOJ did not want the Supreme Court to disturb this settlement.

'Stacked' Class Actions | An Argument Milestone | About Kennedy's New Recusal

Tony Mauro | Marcia Coyle | March 26, 2018

David Frederick makes an argument milestone at the Supreme Court, and more about Justice Anthony Kennedy's new recusal.

News

How Stris & Maher Connected With Ex-Playboy Model Who Claims Trump Affair

Marcia Coyle | March 23, 2018

The origin of Karen McDougal's connection to the Los Angeles boutique: A tweet from Gibson Dunn's Ted Boutrous offering legal help to defend speech rights.

Q&A

Top Author Brad Meltzer Dishes on Lawyering, SCOTUS Clerks and Harry Houdini

Tony Mauro | March 23, 2018

Twenty years after “The Tenth Justice” hit best-seller lists, the Columbia Law grad has a hot new thriller. His advice to aspiring writers? "Sit down and just write."

Supreme Court’s Employment Contract Case Will Have Broad Reach. Here’s How We Know

Erin Mulvaney | March 22, 2018

A recent memorandum from the NLRB general counsel’s office identified 152 cases awaiting the Supreme Court decision. Of those, 52 are on hold in appeals courts around the country.

News

Colbert Asked RBG Whether a Hotdog Is a Sandwich. Here's What You Say

Marcia Coyle | March 22, 2018

"I was told not to ask her about any pending cases before the court—but I just had to press her on one of the most divisive issues facing our country," Stephen Colbert said.

Should Justices Conduct Online Research? | Why Recusals Matter

Tony Mauro | Marcia Coyle | March 21, 2018

A snippy comment directed at Justice Sonia Sotomayor by Justice Anthony Kennedy during Monday's abortion clinic argument revealed a difference in opinion as to when the justices may look outside the record.

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Catch Up With Marcia Coyle: Wednesday's Supreme Court Brief

ALM Staff| March 20, 2018

Catch up with Marcia Coyle about the latest in NLJ's Supreme Court Brief.

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Key Justices Frown on California Abortion Speech Law

Tony Mauro | March 20, 2018

California's law that requires "pro-life" pregnancy centers to inform clients about abortion appeared to be in jeopardy Tuesday after arguments before the U.S. Supreme Court.