Rod Rosenstein Set to Make Supreme Court Argument Debut This Month
That is, if he is still deputy attorney general. Rosenstein, who argued in federal appeals court as U.S. attorney for Maryland, has been the target of White House criticism in recent days regarding his oversight of Robert Mueller, the special counsel leading the Russia investigation.
April 13, 2018 at 02:21 PM
3 minute read
The original version of this story was published on National Law Journal
Rod Rosenstein, deputy attorney general, speaks at the Legal Reform Summit, held at the U.S. Chamber of Commerce in Washington, on Wednesday, October 25, 2017. Credit: Diego M. Radzinschi/ National Law Journal
Rod Rosenstein, the embattled U.S. deputy attorney general, is planning to argue before the U.S. Supreme Court on April 23, representing the United States in a criminal sentencing case.
A Justice Department spokeswoman confirmed on Friday that Rosenstein will argue in Chavez-Mena v. United States, a test of how much justification judges have to offer when deciding not to reduce a sentence within the range of federal guidelines. The representation was first reported by CNN.
Rosenstein has been the target of White House criticism in recent days, and in the current unpredictable climate his status is uncertain. President Trump reportedly has considered whether to fire Rosenstein, whose authority includes oversight of Special Counsel Robert Mueller's Russia investigation.
Rosenstein, according to NBC News, has said he is prepared to be fired.
Though the government is usually represented by lawyers in the U.S. solicitor general's office, it is not uncommon for other Justice Department officials to argue a case, sometimes near the end of their tenure.
Attorneys general Janet Reno, William Barr and Michael Mukasey each argued at least one case while in office. Sometimes the AGs have had to borrow morning coats—the usual garb for federal government lawyers arguing at the court—from lawyers in the solicitor general's office.
Both William Rehnquist and Antonin Scalia argued before the court they later joined while they were officials in the Justice Department.
It will be Rosenstein's first oral argument at the high court, but he has argued in lower courts before. In March 2016, while he was U.S. attorney in Maryland, Rosenstein argued before the en banc U.S. Court of Appeals for the Fourth Circuit in a privacy case involving cell-site location information. The appeals court in May that year, ruling for the government, said federal authorities do not need a warrant to obtain location records.
Not long after he was confirmed as U.S. attorney, Rosenstein in March 2006 argued the en banc appeal in the Fourth Circuit case United States v. Moye, a firearms case. The appeals court upheld the convictions.
“I appear in court occasionally,” Rosenstein noted on his Senate questionnaire.
On May 1, Rosenstein is scheduled to make a Law Day public appearance at the Newseum in Washington, discussing issues ranging from “the rule of law, the First Amendment and the mission of the Department of Justice.”
Read more:
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTravis Lenkner Returns to Burford Capital With an Eye on Future Growth Opportunities
Legal Speak's 'Sidebar With Saul' Part V: Strange Days of Trump Trial Culminate in Historic Verdict
1 minute readLegal Speak's 'Sidebar with Saul' Part IV: Deliberations Begin in First Trump Criminal Trial
1 minute readJosh Partington of Snell & Wilmer Is in Fact a Rock Star in the Office (and Out of It)
1 minute readTrending Stories
- 1Reminder: Court Rules and Statutes Apply to Pendente Lite Custody Decisions
- 2Consumer Cleared to Proceed With Claims Against CVS 'Non-Drowsy' Medication, Judge Says
- 3Ex-Schnader Partner Nears Settlement in Misappropriated Comp Class Action
- 4The Increase in Artificial Intelligence-Related Securities Class Actions
- 5Trump’s DOE Pick Could Spell Trouble for Title IX Enforcement, Higher Ed Funding
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250