'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."
➤➤ How to Tell a Justice They're Wrong Is there a right way or a wrong way for an advocate to tell a U.S. Supreme Court justice that he or she is wrong during oral arguments? Leading advocates, including Lisa Blatt, provide their strategy.
➤➤ At the Supreme Court, Where Are the Women Advocates? Even as the legal profession pledges to bolster diversity in its workforce, the number of female lawyers who argue before the U.S. Supreme Court is still bafflingly low.
➤➤ 100-Year Restriction on Ginsburg Papers 'Not True,' Supreme Court Says "The arrangements mentioned in the book are not true," Kathy Arberg, head of public information at the Supreme Court, told The National Law Journal. "The justice has not announced her plans for her Supreme Court papers and would never impose such a restriction."
➤➤ Supreme Court's Last 'Crier' Has Stories to Tell About Long-Gone Justices. George Hutchinson, the last crier of the court, served in that role from 1952 to 1962. Last December, Chief Justice John Roberts Jr. invited Hutchinson, who is 95 now, to the court to be recognized for his decades of service.
➤➤ Say Your Piece, Supreme Court Advocates. but Only for Two Minutes In the rarefied world of U.S. Supreme Court practice, change comes slowly, and traditions are held dear. Which is why the court's sudden announcement in October that advocates will be given two minutes of uninterrupted time at the beginning of oral argument is such a big deal.
➤➤ Gorsuch's Unanimous Arbitration Ruling Is Loss for Business In a rare unanimous win for workers in an arbitration case, the U.S. Supreme Court in January ruled that a court should decide whether an exception to the federal arbitration law applies before arbitration can proceed. Justice Neil Gorsuch wrote the opinion in New Prime v. Oliveira, with Justice Brett Kavanaugh recusing himself. The case was argued in October 2018 before Kavanaugh joined the court.
➤➤ Unquestionably Private: DOJ Contends FBIs Kavanaugh File Must Remain Confidential Emails and other records detailing the FBI background investigation of Brett Kavanaugh focused on misconduct claims that arose during his U.S. Supreme Court confirmation hearing must remain confidential to protect agency communication and the privacy of the now-justice and others appearing in the material, the U.S. Justice Department told a Washington federal judge in October.
➤➤ How Justice Thomas Picked Atlanta Solo Amy Weil for Coveted Amicus Argument Atlanta appellate attorney Amy Weil says she hands out her business cards whenever opportunities arise. A number of those cards and a professional connection to Justice Clarence Thomas earned her a U.S. Supreme Court argument that many lawyers would covet.
➤➤ Kagan's Scathing Death Row Dissent Highlights Central Voice on Religion Justice Elena Kagan's stinging dissent in February backing an Alabama death row inmate who was executed despite an unresolved religious discrimination claim highlighted her evolving role as a key voice in religion-related cases at the U.S. Supreme Court.
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