US Supreme Court Tells Lawyers: Write Tighter
“While the rule change is not ideal for practitioners, I think it's a solution that they can live with," one veteran appellate advocate says.
April 19, 2019 at 02:59 PM
4 minute read
The U.S. Supreme Court's newly announced rule changes will force advocates to make their briefs briefer, an unwelcome development for high court practitioners.
The changes announced Thursday, which take effect July 1, will limit briefs on the merits to 13,000 words, down from the current 15,000-word limit. Amicus briefs filed by nongovernmental entities will shrink from 9,000 to 8,000 words.
But the court, apparently responding to criticism from advocates, decided to keep the word limit for reply briefs at 6,000 words. Its proposed rule changes, made public last November, suggested a 4,500-word limit for reply briefs, a document that advocates view as highly important in culminating their briefing before the Supreme Court.
The court also added wording to its rules making it clear that all documents filed with the court must be submitted in paper form, not just electronic, and requiring petitioners and respondents to list all related lower court proceedings to help justices determine whether they had prior involvement and should recuse themselves.
But the word-length changes seem to be the most controversial.
Court clerk Scott Harris, in commentary explaining the reasoning behind the trims, wrote, “Experience has shown that litigants in this Court are able to present their arguments effectively, and without undue repetition, with word limits slightly reduced from those under the current rule.”
When the changes were proposed, a coalition of 18 law firms with Supreme Court practices pushed back.
The proposed limit on reply briefs was a “cause for concern,” the law firms' statement said, and the limits on merits briefs “would be harmful” to lawyers' ability to “thoroughly and thoughtfully brief issues that are critical to the court's resolution of the cases before it.”
Now that the court has decided on the rule changes, the reaction is mixed.
“The bar will undoubtedly adapt to the court's rules and have fewer words to develop arguments fully in merits briefs and respond to arguments in amicus briefs,” said veteran advocate David Frederick, a partner at Kellogg, Hansen, Todd, Figel & Frederick. “This development further tilts the playing field toward well-funded interests that can develop ancillary arguments in amicus briefs. To the extent the rules change advances that trend, it's unfortunate.”
Vinson & Elkins partner John Elwood said Friday, “While the rule change is not ideal for practitioners, I think it's a solution that they can live with. The reduction from 15,000 to 13,000 makes the word limit in the Supreme Court tighter than in many courts of appeals. But issues are frequently more narrowly focused in the Supreme Court than in the courts of appeals, and savvy practitioners will be able to cope with the change by writing more economically.”
Elwood added, “The most critical thing is that the court didn't reduce the length of reply briefs, which are already a tight squeeze under the 6,000-word limit. And the reduction of the length of principal briefs brings the Supreme Court closer to the usual briefing model, under which reply briefs are half the length of principal briefs.”
Anthony Franze, counsel at Arnold & Porter Kaye Scholer, applauded the changes that will reduce the length of nongovernmental amicus briefs. “Over the past decade, amici have filed a record number of briefs. Last term alone, nongovernmental amici filed more than 800 briefs, so nixing a thousand words in each brief will reduce the pile, and likely improve many briefs.”
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 AllAmazon, SpaceX Press Constitutional Challenges to NLRB at 5th Circuit
Will the 9th Circuit Still be Center Stage in Trump Policy Challenges?
11th Circuit Revives Project Veritas' Defamation Lawsuit Against CNN
End of an (Chevron) Era: DC Circuit Tackles Challenge to Fishing Monitor Rule, Again
Trending Stories
- 1Read the Document: 'Google Must Divest Chrome', DOJ Says, Proposing Remedies in Search Monopoly Case
- 2Voir Dire Voyeur: I Find Out What Kind of Juror I’d Be
- 3When It Comes to Local Law 97 Compliance, You’ve Gotta Have (Good) Faith
- 4Legal Speak at General Counsel Conference East 2024: Virginia Griffith, Director of Business Development at OutsideGC
- 5Legal Speak at General Counsel Conference East 2024: Bill Tanenbaum, Partner & Chair, AI & Data Law Practice Group at Moses Singer
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