Tony

May 04, 2016 | Law.com

A confirmation hearing for U.S. Supreme Court nominee Merrick Garland is still highly hypothetical. Cornell Law School professor Michael Dorf stages one with his students—and Dorf himself playing the role of Garland. The result: a remarkably plausible preview of how Garland might answer pointed questions from U.S senators if and when an actual confirmation hearing takes place.

By Tony Mauro

4 minute read

May 03, 2016 | National Law Journal

The U.S. Supreme Court's final oral argument of the term on April 27 capped an October-to-April argument season filled with funny, awkward, contentious, historic and sometimes poignant moments. We highlight a few of these courtroom moments.

By Tony Mauro and Marcia Coyle

10 minute read

May 02, 2016 | Supreme Court Brief

The Federal Trade Commission has finally prevailed in a long-running dispute with POM Wonderful over allegedly misleading claims about the health benefits of the company's pomegranate products.

By Tony Mauro

6 minute read

May 02, 2016 | Law.com

U.S. Supreme Court Justice Stephen Breyer resumed his critique of the death penalty in America on Monday, but without the help of any other justice. Breyer alone dissented from the court's denial of review in Boyer v. Davis, a California case in which inmate Richard Boyer claims his extended stay on death row—he was sentenced to death 32 years ago—violates the Eighth Amendment.

By Tony Mauro

3 minute read

May 02, 2016 | National Law Journal

If it wasn't clear just how much trouble the government's corruption prosecution of former Virginia Gov. Robert McDonnell was, Chief Justice John Rob­erts Jr. left no doubt during U.S. Supreme Court oral arguments on April 27.

By Tony Mauro and Marcia Coyle

5 minute read

April 29, 2016 | National Law Journal

Former U.S. Attorney General Eric Holder Jr. said Friday "I am not ashamed" to have returned to private practice after resigning last year, asserting he will continue to advance the justice reform issues he espoused in office as a private attorney. "You can be a public interest lawyer wherever you are," Holder told students at Georgetown University Law Center at a public discussion with National Public Radio's Michel Martin. "I hope you will be a public interest lawyer wherever you are."

By Tony Mauro

3 minute read

April 28, 2016 | National Law Journal

Three U.S. Supreme Court justices on Wednesday praised deputy U.S. solicitor general Michael Dreeben just hours after his 100th appearance before the court—a tough argument in which the court gave Dreeben an unusually hard time. "He's made these 100 arguments—fabulous—and he's remained sane," Justice Stephen Breyer said.

By Tony Mauro

9 minute read

April 27, 2016 | Supreme Court Brief

Deputy U.S. Solicitor General Michael Dreeben argued his 100th case on Wednesday, and it may have been his toughest—in part because of the wild array of hypotheticals the justices threw at him and his adversary.

By Tony Mauro

11 minute read

April 26, 2016 | Supreme Court Brief

Appellate advocates usually wait for a federal appeals court to rule before they take a case to the U.S. Supreme Court. Lisa Blatt, head of Arnold & Porter's appellate and Supreme Court practice, leapfrogged over the U.S. Court of Appeals for the Fourth Circuit to get her petition in the Washington Redskins trademark dispute before the justices. Blatt's unusual strategy invoked a rarely used rule of the Supreme Court that allows parties to seek certiorari before an appeals court has ruled.

By Tony Mauro

9 minute read

April 26, 2016 | Supreme Court Brief

A case before the U.S. Supreme Court that posed a novel claim of gender discrimination in the military has been sidelined after the government initiated talks to settle the case. The petition challenged an aspect of the "Feres doctrine," an exception to the Federal Tort Claims Act that shields the U.S. government from being held liable for injuries suffered by military personnel for activities "incident to service."

By Tony Mauro

8 minute read