'Crisis of Credibility,' Write Tighter, Precedent Questioned: SCOTUS in 2019
A collection of some of our most-read U.S. Supreme Court stories published in 2019, including snapshots on new rules for briefs and argument, clerk-hiring trends and cases that dominated headlines.
December 26, 2019 at 04:55 PM
8 minute read
As 2019 draws to a close, we're looking back at some of the most-read stories about the U.S. Supreme Court this year. There were, of course, many cases and issues that grabbed headlines—justices warring over precedent and the death penalty, the Trump administration's failed bid to add a citizenship question to the 2020 census, and new questions about libel law. But there were also significant developments about the court itself, including clerk-hiring trends, new rules for arguments and briefs, and lingering questions about the dearth of female advocates. The court lost one of its own this year, Justice John Paul Stevens, who was remembered as the "best boss" after his death in July at 99. Here's a look at some of the most-read Supreme Court reports of 2019.
➤➤ Justices, Blocking Citizenship Question on Census, Call Trump's Push Contrived The Trump administration's push to add a citizenship question on the 2020 census hit a roadblock in June, when a divided U.S. Supreme Court partially upheld a ruling in favor of challengers who argue the move will cause a substantial undercount of Hispanics and other minorities and benefit Republicans in election districts across the country. More reading: Roberts, Ruling Against Trump, Faces New Round of Conservatives' Criticism and These Attorneys Beat Trump's Census Citizenship Question in Court. DOJ Agreed to Pay Them Millions
➤➤ Sen. Whitehouse: There's a Crisis of Credibility at the U.S. Supreme Court "Under Roberts, justices appointed by Republican presidents have, with remarkable consistency, delivered rulings that advantage big corporate and special interests that are, in turn, the political lifeblood of the Republican Party. The 'Roberts Five' are causing a crisis of credibility that is rippling through the entire judiciary."
➤➤ From Law Prof to SCOTUS Clerk: Gorsuch Is Hiring From Academia A new Justice Neil Gorsuch trend in clerk hiring: In upcoming terms, at least three of his law clerks will be drawn from the ranks of legal academia, not the most common source of Supreme Court clerk talent. Clerks often become professors after their clerkships, but not usually before.
➤➤ What New Supreme Court Cases Reveal About Big Law Billing Rates A Gibson, Dunn & Crutcher contract with Boise and other recent or pending matters involving Supreme Court lawyers provide the latest—and rare—peek inside the billing arrangements and rates of some of the country's biggest firms and their appellate leaders.
➤➤ U.S. Supreme Court Tells Lawyers: Write Tighter 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, which took effect in July, 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.
➤➤ Kagan Sounds New Alarm as Supreme Court Scraps Another Precedent The 5-4 decision in Knick v. Township of Scott represents the second time the court the 2018-2019 term overturned a significant precedent, and Justice Elena Kagan, who authored a dissent in the case, said the majority's decision "transgresses all usual principles of stare decisis," the principle of standing by precedents. More reading: Breyer Denounces Ruling That Strikes Precedent, Questions Which Cases Are Next
➤➤ Laughter Is a Blood Sport at the Supreme Court, Scholars Say in New Study U.S. Supreme Court justices direct their humorous quips and barbs most often at advocates with whom they disagree, lawyers who are losing their arguments and attorneys who do not have experience at the high court, according to an exhaustive new study.
➤➤ Justice Clarence Thomas Stirs Up a First Amendment Squabble Over Libel Law "We should not continue to reflexively apply this policy-driven approach to the Constitution," Thomas wrote. "If the Constitution does not require public figures to satisfy an actual-malice standard in state-law defamation suits, then neither should we."
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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.
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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.
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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.
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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.
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