Tony Mauro

May 17, 2004 | Law.com

Though Philip Elman's memoir may seem at first to be an obscure government lawyer's reminiscence, it turns out to be a provocative behind-the-scenes story of helping to craft Brown v. Board of Education. Elman is widely credited with coining the crucial "all deliberate speed" concept that helped the Supreme Court on the landmark case. But his version of events, published posthumously to coincide with Brown's anniversary, isn't without controversy.

By Tony Mauro

8 minute read

November 03, 2009 | National Law Journal

Hearing arguments in a closely watched case that could have major impact on the fee structure in the nation's $10 trillion mutual fund industry, the Supreme Court appeared wary of second-guessing the fees that funds pay to the investment advisers who run them. Business groups urged the Court to stick with a 27-year-old standard that gives substantial deference to the funds, but investor groups said runaway fees have resulted from the overly close relationship between fund boards of directors and investment advisers.

By Tony Mauro

5 minute read

May 13, 2009 | National Law Journal

The Supreme Court's long-standing plan to permanently close its majestic bronze front doors as a public entry point now appears to be "under review." That was the implication of a comment made Tuesday by Supreme Court Justice Stephen Breyer after a panel discussion on the role of art and architecture in public buildings. The proposed restrictions on the use of the legendary doors were presumably intended to centralize screening of visitors in the post-9/11 climate of heightened security consciousness.

By Tony Mauro

3 minute read

July 25, 2005 | New Jersey Law Journal

Mastering the internal dynamics of the Court is a formidable and crucial challenge for any new justice. It would be especially daunting for Roberts, not only because the current Court has been unchanged for 11 years, but also because he would replace the Court's fulcrum justice.

By Tony Mauro

11 minute read

September 26, 2006 | Law.com

As they enter their second term, the Supreme Court's two newest justices have decided to stick with the Court's clerk-pooling arrangement, despite concerns that it gives law clerks too much power. Chief Justice John Roberts Jr. said in an interview that he will participate in the "cert pool" on a "year-to-year basis," and Justice Samuel Alito Jr. said the same; both indicated they are still weighing the issues. Since 1991, Justice John Paul Stevens has been the only justice outside the pool.

By Tony Mauro

3 minute read

April 12, 2004 | Law.com

Federal judges are usually a reticent bunch outside the four corners of their courtrooms and their rulings. But at a Tuesday hearing in Washington, D.C., testimony will reveal a judiciary that is passionately and publicly up in arms over an obscure proposal that critics say would drastically change how judges do their jobs and increase litigation costs for clients. The proposed rule would forbid all appeals courts from placing restrictions on the citation of so-called unpublished opinions.

By Tony Mauro

10 minute read

March 03, 2003 | Law.com

J. Harvie Wilkinson III, a judge on the 4th U.S. Circuit Court of Appeals, is on the shortlist to fill a possible U.S. Supreme Court vacancy.

By Tony Mauro

8 minute read

June 16, 2006 | Law.com

It's rare for a president to comment on a pending Supreme Court case. But President George W. Bush has been doing just that in recent weeks, referring to the Hamdan v. Rumsfeld case that will decide the fate of military commissions he ordered to handle detainees at Guantanamo Bay, Cuba. Bush's remarks and tone have confounded observers, leaving some wondering if he is trying to soften the blow of an expected defeat -- or already preparing the public for civilian alternatives to military commissions.

By Tony Mauro

5 minute read

March 01, 2006 | The Recorder

The U.S. Supreme Court said the federal Hobbs Act can't be used in cases brought by clinics against protesters, ruling that it doesn't outlaw the kind of violence used to block access to clinics nationwide.

By Tony Mauro

3 minute read

July 14, 2003 | Law.com

Fewer and fewer law firms are handling more and more of the U.S. Supreme Court's shrinking number of cases. Repeat players were busy this term with key lawyers getting in and out of Supreme Court practice, and some firms scrambling to keep pace. Also, see how George Stephanopoulos landed a joint interview with Justices Sandra Day O'Connor and Stephen Breyer, and how Chief Justice William Rehnquist feels about ERISA cases.

By Tony Mauro

11 minute read