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UCLA Law's Supreme Court Clinic Snagged Four Cases This Term

With the U.S. Supreme Court accepting 75 or fewer cases for review each term, competition is fierce among law firms and law school clinics for the chance to write briefs on the merits and appear before the justices.
4 minute read

Will Justices Stand By Decades-Old Precedent in Union Challenge?

As U.S. Supreme Court nominees, the Roberts Court justices, like their predecessors, paid homage to stare decisis: standing by prior decisions. But what will that mean when they re-examine a nearly 40-year-old precedent in the biggest union case in decades?
7 minute read

The Supreme Court Group Photo That Never Was

U.S. Supreme Court Justice James McReynolds, historically one of the court's least liked members, was said to have been such a dedicated anti-Semite that he refused to sit next to Justice Louis Brandeis for a 1924 group photograph.
4 minute read

Texas Takes Star Billing in Term's Most Controversial Cases

Every now and then, one state appears to dominate the justices' docket with a number of cases. Texas is center stage at the U.S. Supreme Court this term in some of the most controversial cases, and its solicitor general is directing the action.
6 minute read

Five Supreme Court Law Clerk Stories You Haven't Heard Before

Not all U.S. Supreme Court clerks will discuss their extraordinary experiences at the elbow of a justice. But enough are willing to talk that Todd Peppers has now published three books filled with revealing stories by and about clerks.
5 minute read

Ten Books for the Supreme Court Aficionado in Your Life

Books about the U.S. Supreme Court, both fiction and nonfiction, seemed to proliferate more than ever in 2015, and it is easy to see why.
6 minute read

How Children Emerged as Key Players in 'One Person, One Vote' Case

Until last week, prison inmates and undocumented immigrants were the main focus of the debate before the U.S. Supreme Court over how legislative districts should be drawn. But during oral arguments in Evenwel v. Abbott, another segment of the nonvoting population emerged as a key part of the calculus: children.
4 minute read

ABA Urges High Court to Take on Seven-Year Work-Product Fight

A pharmaceutical company is asking the U.S. Supreme Court to step into a seven-year fight with the Federal Trade Commission over documents related to an antitrust investigation. And the American Bar Association urges the justices to do just that in order to prevent "serious undermining" of lawyers' work-product protection.
5 minute read

A Wikipedia 'Meetup' for Supreme Court Aficionados

If you've ever gone to Wikipedia for online information about the U.S. Supreme Court and liked, hated or wanted to improve what you saw, there's a meetup at the National Archives on Dec. 11 you should attend.
3 minute read

Urgency and Frustration as the Supreme Court Revisits Affirmative Action

Chief Justice John Roberts Jr. was clearly impatient during oral arguments Wednesday in the latest case challenging affirmative action in higher education.
5 minute read

Justices Wrestle with Meaning of 'One Person, One Vote'

In back-to-back arguments Tuesday, the U.S. Supreme Court stepped back in time nearly a half century, questioning long-held assumptions and decisions on the meaning of the constitutional principle of "one person, one vote." The time travel was obviously frustrating to some justices and some of the lawyers in the two separate cases before them.
7 minute read

When the Solicitor General Confesses Error

The U.S. Supreme Court took note of a rare occurrence on Monday: a confession of error by the solicitor general. Such confessions take place only a couple of times a term, when the solicitor general disavows a position taken at earlier stages of a case and tells the justices that he or she should have lost instead of winning.
4 minute read

Justices Skeptical of Tort Suits in Tribal Courts

In 2014, Neal Katyal scored the biggest victory for Indian tribes in the U.S. Supreme Court in at least 25 years. On Monday, his chances of another tribal win before a high court generally hostile to those interests appeared poor.
6 minute read

Supreme Court's Denial of Assault Weapon Case Won't End Gun Debate

Amid the renewed debate over gun control prompted by the San Bernardino shootings on Dec. 2, the U.S. Supreme Court decided Monday not to join the discussion.
5 minute read

How to Survive in Relist Limbo

U.S. Supreme Court justices have looked at your petition for review a whopping seven times without deciding whether to take it. Are you in relist limbo without a chance of the redemptive four votes needed to open the courtroom gates?
5 minute read

For 75th Argument, Waxman Might Win for Insurers in Health Data Dispute

Before former U.S. solicitor general Seth Waxman rose to argue his 75th case before the U.S. Supreme Court on Wednesday, it seemed to some that this milestone would be an uphill battle.
4 minute read

Q&A: Questioning Justice and Jurisdiction in Indian Country

When he served as U.S. attorney for South Dakota and chairman of the U.S. Justice Department's Native American Issues subcommittee, Brendan Johnson learned firsthand the quality of Indian tribal courts. Today, he doesn't like the picture of tribal justice that a multibillion-dollar corporation is painting for the U.S. Supreme Court.
8 minute read

Case Pulled from Docket Makes Its Way Back to Justices

The case that the U.S. Supreme Court unceremoniously yanked from its argument docket last month appears likely to return later this term.
4 minute read

Justices Examine When Clock Runs on 'Constructive Discharge' Claims

The Equal Employment Opportunity Commission gets little respect and deference from the Roberts Court in general, and from its more conservative members in particular. But Justice Samuel Alito Jr.'s frustration seemed justified Monday when he asked during arguments why the agency doesn't "just change the rule" that's created a deep split in the lower courts over when someone who quits a job because of illegal discrimination can bring a claim for so-called constructive discharge.
5 minute read

Solicitors General, Former and Current, Dominate December Arguments

It must have been a hectic Thanksgiving for the small group of lawyers at the U.S. solicitor general's office. They will argue in eight of the 10 cases the U.S. Supreme Court was set to hear in the session that began Monday.
3 minute read

Brief of the Week: Madden Video Games Hope for High Court Touchdown

The maker of the popular Madden NFL video games is asking the U.S. Supreme Court to decide whether the First Amendment protects it from lawsuits by athletes who want to be paid for the use of their likenesses.
4 minute read

Fee-Fight Fallout From Voting Rights Decision Reaches High Court

Fallout from the U.S. Supreme Court's 2013 blockbuster voting rights decision has reached the justices in two multimillion-dollar battles over attorney fees.
6 minute read

Justices' Eleventh-Hour Queries Scramble Oral Arguments

Twice in the last month, the U.S. Supreme Court has thrown a last-minute wrench into planned oral arguments, causing lawyers to scramble to answer unanticipated questions from the justices as they prepare to make their case.
5 minute read

Three Decades Later, 'Batson' Lawyer Looks for 'Fine Tuning' of Juror Strikes

Nearly 30 years ago, the U.S. Supreme Court ruled that prosecutors could not strike potential jurors because of their race, and the court announced a test for determining race-based strikes. After decades of experience, the decision in Batson v. Kentucky does "not work well," according to the lawyer who argued and won the case.
7 minute read

When Justices Throw Lifelines to Advocates

U.S. Supreme Court justices sometimes toss lifelines to advocates during oral argument, helping them handle a hostile question or advance a winning argument.
3 minute read

Government's Freeze on 'Untainted' Assets Worries Justices

Concerns about the government having unlimited power to require pretrial forfeiture or a freeze of a criminal defendant’s assets—unrelated to the crime charged—swarmed across the bench of the U.S. Supreme Court on Tuesday in a case that involves the Sixth Amendment right to counsel.
6 minute read

Neal Katyal Passes a Milestone for Minority Supreme Court Advocates

Neal Katyal's 26th argument before the U.S. Supreme Court, given in an otherwise routine case Monday, marked a major milestone: He has appeared at the lectern more times than any other male minority lawyer except for Thurgood Marshall.
5 minute read

Sotomayor Wears the Mantle of Lone Dissenter

Justice Sonia Sotomayor dissented Monday in a case that involved a police car chase that ended tragically. Her dissent was a reminder of her continued willingness to stand alone in criminal procedure and related areas of the law.
6 minute read

Maryland Redistricting Case Tests Scope of 'Three-Judge Court Act'

The scope of a century-old act designed by Congress to handle some of the most politically sensitive challenges in the law appeared to leave U.S. Supreme Court justices with more questions and concerns than answers during arguments Wednesday.
5 minute read

Justices Cross Swords Over Role of Congress and Legislative History

A debate among U.S. Supreme Court justices on Tuesday over the meaning of a federal statute ended with an angry exchange between Justice Stephen Breyer and Chief Justice John Roberts Jr. over the role of members of Congress and their staff.
3 minute read

Justices Asked to Define the Constitution's Borders

In a court where, as one justice has said, Fourth Amendment cases are a "growth industry," the current U.S. Supreme Court term stands in stark contrast with only one, rather traditional case granted so far. But the stakes could change dramatically with the addition of one more—a politically sensitive challenge that involves a U.S. Border Patrol agent's shooting of a 15-year-old Mexican boy on Mexican soil.
6 minute read

Scalia's Book on Statutes, Often Cited, Is Now Argued Over

Justice Antonin Scalia's book "Reading Law: The Interpretation of Legal Texts," co-written by legal writing expert Bryan Garner, catalogues the canons or rules that guide judicial interpretation of statutes. It has been cited in more than 100 petitions and briefs filed with the high court, and it has appeared in at least six recent decisions of the court. A search of past transcripts revealed that Tuesday's mention of the book at oral argument might be a first.
4 minute read

Justices Weigh Concrete Injuries in a Digital Age

The business community's fear of massive class-action liability and consumers' quest for privacy and accuracy in the Internet age collided before a divided U.S. Supreme Court on Monday in a case that involved the data collection website Spokeo Inc.
5 minute read

Advocates Switch Gears for Last-Minute Issue Raised by Justices

Stephen Bright was making last-minute preparations on Oct. 30 for his U.S. Supreme Court argument Monday in Foster v. Chatman when a surprise letter arrived via email from Scott Harris, the clerk of the high court.
3 minute read

Docket Chat: Fresh Faces Get Argument Time in November Cycle

The November cycle of arguments before the U.S. Supreme Court will bring a large number of relatively new faces to the lectern. Even Solicitor General Donald Verrilli Jr., who usually argues at least one case during each two-week session, will sit this one out.
5 minute read

The Long Push to Get Another High-Court Gun Ruling

Gun rights advocates hope an assault weapons challenge will finally draw the U.S. Supreme Court back into the realm of the Second Amendment even as gun-related tragedies dominate headlines.
7 minute read

The Supreme Court and Federal Circuit Meet Again

The U.S. Supreme Court will soon have another chance to revisit its often chilly relationship with the U.S. Court of Appeals for the Federal Circuit. In the last five terms, the court has heard 24 appeals from Federal Circuit decisions, and affirmed only eight.
4 minute read

Brief of the Week: Making the Case for Anonymous Donors

For all of the donors who like to publicize their charitable gifts, there are many who prefer to give anonymously. But California is making nonprofits that want to solicit funds there turn over their donors' names to the state. A cert petition before the U.S. Supreme Court in Center for Competitive Politics v. Harris challenges this policy. The U.S. Court of Appeals for the Ninth Circuit found that the requirement imposes no First Amendment injury.
4 minute read

A Divided Supreme Court Resumes Class Action Scrutiny

Conservative U.S. Supreme Court justices on Wednesday renewed their long-running disdain for class actions in the first of three cases the court will hear on the topic this term.
3 minute read

In Supreme Court's Big Energy Case, a Discussion of Hamburgers and Cars

An argument over federal regulations aimed at easing demands on the electric power grid turned to hamburgers and expensive cars Wednesday in the U.S. Supreme Court.
5 minute read

Eighth and Sixth Amendments Loom Over Justices' Struggles with Sentencing

In a lethal-injection dissent last term, Justice Stephen Breyer's call for reconsideration of the death penalty's constitutionality captured headlines and re-fired the debate, but he sowed the seeds of that June dissent more than a decade ago in a case at the heart of Tuesday's arguments in a challenge to Florida's capital-punishment system.
7 minute read

When the Supreme Court Loses a Quorum

An anger-filled petition to the U.S. Supreme Court prompted five justices to recuse themselves Tuesday, raising the knotty question of what happens to a case before the high court when it lacks a quorum.
4 minute read

How to Write Briefs Like the Solicitor General

Next time you use the word habeas—as in habeas corpus, the great writ—don’t use italics. The Latin word has become so common in English usage that it doesn’t need slanted letters, according to the latest edition of the U.S. Solicitor General’s style manual.
4 minute read

Will the Justices' Barriers to Class Actions Fall?

The Roberts Court’s dislike of class actions and its loyalty—sometimes divided—to arbitration have levied knock-out blows to consumers and small businesses. But a counterpunch may be on the way.
8 minute read

Baltimore Cop's Extortion Case Raises Question of Prosecutorial Overreach

The U.S. Supreme Court on Tuesday considered how much flexibility prosecutors should have to bring charges for an extortion conspiracy when the person paying the bribe is in on the scheme.
4 minute read

When It Comes to Angry Dissents, No One Beats Scalia

Justice Antonin Scalia has long relished punctuating his dissents with withering criticisms of the court's majority, but he outdid himself last term. "His dissents are a lot like those of Felix Frankfurter, who was on the wrong side of history on many issues," said high court scholar Melvin Urofsky, who's written a new book called Dissent and the Supreme Court.
9 minute read

Supreme Court Inadvertently Announces Argument Date in Voting Case

The closely watched "one person one vote" election law case Evenwel v. Abbott is set to be argued before the U.S. Supreme Court on Nov. 30, according to an apparently inadvertent post on the court's website.
3 minute read

Back to Basics on Supreme Court Opening Day—For Now

There were no missing pages in the 76-page "orders" list as there were a year ago. There was no rapid hunt through those pages by reporters scanning for a long-anticipated, high-profile issue of the year as there was with same-sex marriage. What a difference a year can make in the U.S. Supreme Court.
4 minute read

Of Potted Plants and Popes: The Supreme Court and Joint Sessions of Congress

As judicial scholars, we were pleased to see that the individual justices of the U.S. Supreme Court did not escape notice during the Pope's historic speech before Congress.
5 minute read

Docket Chat: October Arguments Draw Veteran Advocates

After a headline-making June and a long summer recess, the U.S. Supreme Court returns to the bench on Oct. 5 for a bracing reminder that not all its cases will rock the world.
4 minute read

Waiting in Wings for the Supreme Court: Cases to Watch

Significant challenges that involve abortion, solitary confinement, insider trading and other contentious questions await the justices' decisions on whether to add them to the new term of the U.S. Supreme Court.
4 minute read

As Term Opens, A New Look At The Making of Landmark Cases

As the U.S. Supreme Court begins to tackle new cases that could become landmarks in the October 2015 term, C-SPAN, in cooperation with the National Constitution Center, launches a new series that examines in depth 12 older landmark cases that helped to shape the meaning of the Constitution.
3 minute read

Musical Chairs on the Docket in Kansas Capital Cases

Bring a scorecard to the U.S. Supreme Court oral arguments set for Oct. 7. With six lawyers arguing in three cases that involve three defendants and two separate issues, you'll need something to keep things straight.
5 minute read

Study: Veteran Advocates Influence the Language of High Court Rulings

New evidence of the clout of veteran U.S. Supreme Court advocates and their law firms is revealed in a study showing that the language in their briefs appears in court opinions more often than that of newcomers to the court.
5 minute read

Brief of the Week: Will Labor Case Affect Compulsory Bar Membership?

The upcoming U.S. Supreme Court case Friedrichs v. California Teachers Association could significantly affect public sector labor unions. But a new brief discusses how the case could also affect mandatory bar membership for lawyers.
3 minute read

Finding the Justice with the Most Literary Chops

Well, it's not yet time yet to get really, really serious about the new U.S. Supreme Court term. So professor Scott Dodson and his wife, Ami, sought to discover who on the current court is the most literary justice and which literary authors are most cited.
5 minute read

High Court Asked for Rule on Holdout Juror Removal

Jury secrecy is considered sacrosanct, as is a criminal defendant's right to an impartial panel. In a petition filed with the U.S. Supreme Court, a convicted murderer is asking the justices what should guide a judge in a criminal trial who investigates jurors' claims that a possible holdout refuses to deliberate.
6 minute read

Why Justice Alito Jumped Out of the Pool

In explaining how the justices prepare for their annual "long conference," The New York Times recently wrote that the justices rely on "cert pool" memos written by their newly appointed law clerks to get up to speed on the individual appeals. All the justices, that is, except Justice Alito.
5 minute read

What the Justices Revealed on Their Summer Travels

After a tense term of issuing opinions and dissents, U.S. Supreme Court justices fanned out across the globe in the last two months, some of them sinking out of sight while others hit the speaking circuit.
4 minute read

'Sisters in Law': A New Take on O'Connor and Ginsburg

One sign that Sisters In Law, Linda Hirshman’s new biography of Justices Sandra Day O’Connor and Ruth Bader Ginsburg, is not just a celebratory work is the title of Chapter 17: “Justice O’Connor’s Self-Inflicted Wound.”
5 minute read

The Quest to Be Seen and Heard Outside the U.S. Supreme Court

More than 30 years ago, the U.S. Supreme Court upheld the First Amend­ment rights of those who sought to demonstrate on the sidewalks around the high court. Could the justices soon confront a First Amendment challenge to the prohibition on demonstrations on their marble plaza?
6 minute read

Study: How Supreme Court Decisions Move Markets

When the U.S. Supreme Court handed down its first ruling on the Affordable Care Act in 2012, some news outlets reported incorrectly that the law had been struck down.
5 minute read

Business Advocates Criticize High Court Denials in Key Cases

When U.S. Supreme Court justices are asked why they decide so few cases—only 66 signed opinions last term—they often respond with a “show me” challenge. As in: “show me the cases that we should have taken up but didn’t.”
5 minute read

Supreme Court Urged to End Life Without Parole for All Juveniles

The U.S. Supreme Court this term will decide whether its 2012 ban on mandatory life without parole sentences for juvenile murderers is retroactive. But some of those offenders and their lawyers hope for more from the justices.
7 minute read

Justices to Weigh Meaning of Extortion

The U.S. Supreme Court will hear a case in October that may hinge on the meaning of two words: "from another." The outcome could have a big effect on the charging power of federal prosecutors.
4 minute read

Interning for Sotomayor: 'Opportunity of a Lifetime'

Since 2010, Justice Sonia Sotomayor has had a series of interns working for her at the court for brief periods, from two to four months long. College seniors or recent college graduates are preferred, and a legal background is not required. Sotomayor is the only justice with interns.
4 minute read

Record Breaking Term for Amicus Curiae in Supreme Court Reflects New Norm

In the 2014-2015 term, "friends of the court" participated in 98 percent of the Supreme Court's cases, filed nearly 800 amicus curiae briefs, and broke two records: the most amicus briefs filed in a case and the most signatories on a single brief.
7 minute read

Q&A: Law School Seeks Depoliticized Conversation About Law and Religion

Religion is the new battleground following U.S. Supreme Court decisions on contraceptive health insurance and same-sex marriages, but it doesn't have to be, says the director of a new four-year project on religious freedom at Emory University School of Law.
8 minute read

Court's Career-Criminal Ruling Triggers Sentencing Litigation

Immediately after Chief Justice John Roberts Jr. summarized from the bench his dissent in June's same-sex marriage decision, he announced that Justice Antonin Scalia had the court's opinion in the final case of that day—likely the most ignored one of that week.
5 minute read

Brief Argues Against Mandatory Solitary on Death Row

Sixteen former corrections leaders from across the country are urging the U.S. Supreme Court to use a Virginia case to end the automatic assignment of death row inmates to solitary confinement.
6 minute read

Novel Explores Supreme Court Clerks' Conflicting Allegiances

When Kermit Roosevelt clerked for U.S. Supreme Court Justice David Souter in 1999, he says, his loyalties were to the justice, the court and the law—in that order.
5 minute read

Study: Public Largely Unaware of High Court's Limits on Enforcing Rights

The U.S. Supreme Court has made it more difficult for consumers and others to enforce their rights because of a series of technical, ideological decisions of which the public is largely unaware, according to a recent scholarly study.
5 minute read

Former Prosecutors Side with Defendant in Jury Selection Bias Case

An array of well-known former prosecutors has joined forces to urge the U.S. Supreme Court to reaffirm its commitment to banning racial bias in jury selection.
3 minute read

'Kodak' Moments: A Spotlight on Secret Photos in the Supreme Court

A protestor leaps up to interrupt a U.S. Supreme Court session, and somewhere nearby, someone takes a secret photo of the justices, flouting the long-standing custom barring cameras in the courtroom.
5 minute read

The Fallout From the Supreme Court's Sign Ordinance Ruling

For years, many of the lawyers who litigate over government regulation of signs would tell you that almost all sign ordinances are at least a little bit unconstitutional, imposing rules that would not fly for other forms of speech.
5 minute read

A Three-Decade Battle to Change the Boy Scouts

The Boy Scouts of America announcement this week that it would end its ban on openly gay adult leaders came 15 years after the U.S. Supreme Court upheld the ban on First Amendment ground, and nearly 30 years after legal battles over the restriction began.
10 minute read

Georgia Case Revisits Race Bias in Jury Selection

Stephen Bright, president of the Southern Center for Human Rights, admits he was surprised when the U.S. Supreme Court agreed to hear the case of his client Timothy Foster, a Georgia death row inmate who claims that all black potential jurors were systematically excluded from his trial jury in 1987.
4 minute read

Supreme Court Reform Group Urges 'Blind Trusts' for Justices

The recent release of the annual financial disclosure forms submitted by U.S. Supreme Court justices has renewed the debate over when justices should recuse in pending cases and how they should avoid conflicts of interest.
5 minute read

Challenges to Solitary Confinement Headed to Justices

Legal challenges to solitary-confinement policies are working their way through the federal courts to the U.S. Supreme Court faster than one justice in particular may have anticipated.
8 minute read

Attorney Fee Awards Surge After High Court Patent Decision

The U.S. Supreme Court has been arming district court judges with the law they need to weed out bad patent lawsuits, patent litigator Rudy Telscher believes. And one recently won weapon—attorney fee awards—is the result of Telscher's own high court victory.
5 minute read

What the Supreme Court's 2014 Term Means for Business

June 29 marked the end of a blockbuster term for the U.S. Supreme Court. The court's October 2014 term will long be remembered for high-profile decisions on health care and same-sex marriage. But 2014-15 also brought decisions on a host of vital issues affecting business. Winston & Strawn's Steffen N. Johnson looks at some of the court's "greatest hits" for business in 2014-15—ten cases expected to have a significant effect on the legal environment in which those who do business in the United States operate.
26 minute read

Former Supreme Court Clerks Find Their Groove at New York Boutique Firm

Two former U.S. Supreme Court law clerks who went to big law firms have jumped ship and landed where few have gone before—a New York litigation boutique.
4 minute read

Column: Misconstruing This Term's Decisions as Liberal

A closer examination of the cases shows a much more complicated story, including the liberal justices being in the majority in decisions that should be of great concern to progressives.
5 minute read

Marriage Equality Advocate Seeks to Build on High Court Win

As the aftermath of such U.S. Supreme Court rulings as the 1954 school desegregation and 2008 Second Amendment cases show, landmark decisions rarely mark the end of litigation.
9 minute read

Justices' Business Docket Heating Up Next Term

From the business community's perspective, its biggest concerns did not make the U.S. Supreme Court's hot list last term. But the new term looks promising, according to some business leaders.
6 minute read

A Mixed Term for Business at the Supreme Court

The U.S. Supreme Court term that just wrapped up should put an end to the perennial debate over whether the Roberts Court is biased toward business, Mayer Brown partner Lauren Goldman said. "The results from the perspective of business were decidedly mixed," Goldman said. "This term definitely disproves that the Robert Court is reflexively pro-business."
4 minute read

LA Boutique Building a Reputation Before High Court

By the end of the U.S. Supreme Court term in June, Peter Stris of the Los Angeles boutique firm Stris & Maher already had two arguments lined up for the next term and a third in which he is working closely with Vermont officials—an enviable situation for any high court advocate.
5 minute read

University of Texas Affirmative Action Policy Returns to Supreme Court's Docket

It is once more into the breach for Bert Rein of Wiley Rein as the U.S. Supreme Court decided Monday to review for a second time the race-conscious aspects of University of Texas admission policies that Rein claims violate the Constitution.
4 minute read

Positions Harden on High Court over Capital Punishment

Twenty-five years have passed since two justices who were unalterably opposed to the death penalty sat on the U.S. Supreme Court together. On Monday, Justices Stephen Breyer and Ruth Bader Ginsburg indicated they were ready to step into the shoes of the late William Brennan Jr. and Thurgood Marshall in a controversy over a lethal-injection drug.
7 minute read

Supreme Court Tells EPA To Consider Costs of Pollution Regulations

The U.S. Environmental Protection Agency has fared well before the U.S. Supreme Court in recent Clean Air Act cases. But the streak ended Monday when the justices ruled that the EPA must consider the cost to industry in regulating mercury emissions from factories and coal plants.
5 minute read

How Do Supreme Court Justices Manage to Get Along?

When a colleague says he would rather "hide my head in a bag" than agree with something you've written, how can you possibly face each other the next day?
5 minute read

Inside High Court, a Quiet Celebration Marked by Tears

Several lawyers silently cried as Justice Anthony Kennedy read his decision in his slightly nasal monotone, belying the historic nature of the ruling. As the holding became clear Kevin Cathcart, executive director of Lambda Legal, put his arm around the shoulders of Mary Bonauto of Gay & Lesbian Advocates & Defenders.
4 minute read

Why the Supreme Court Doesn't Give Advance Notice About Decisions

When the U.S. Supreme Court returns to the bench Monday, June 29, it will be the last sitting before its summer recess—and the only day of the term when the public can be relatively sure which rulings will be announced.
4 minute read

Marriage Ruling Historic, But Not Final Word on Gay Rights

The U.S. Supreme Court's historic decision recognizing same-sex couples' fundamental right to marriage was a major leap, but not the final legal step in ending discrimination against lesbian, gay, bisexual and transgendered people, legal scholars and other observers said.
7 minute read

Hugs and Harangues: Inside the Court for the Health Care Ruling

The Obama administration's celebration of a pair of U.S. Supreme Court victories began as soon as the justices left the bench on Thursday.
4 minute read

Roberts Leads Court Through Second ACA Storm; More Ahead

Twice in the past three years, Chief Justice John Roberts Jr. has steered the high court through the highly political maelstrom surrounding the federal health care law without its rulings being labeled partisan. But new challenges to the law and the court lie ahead.
7 minute read

Justice Kennedy's Vote Rescues Fair Housing Act

Civil rights advocates and the Obama administration on Thursday celebrated U.S. Supreme Court Justice Anthony Kennedy's embrace of the Fair Housing Act in a 5-4 ruling that endorsed the use of "disparate impact" claims in discrimination cases.
5 minute read

Motion Urging Recusal in Marriage Cases Surfaces on Supreme Court Docket

A request for U.S. Supreme Court justices Ruth Bader Ginsburg and Elena Kagan to recuse themselves in the pending same-sex marriage cases has appeared on the court's online docket, just days before the justices are expected to issue a ruling.
5 minute read

Kennedy Joins Liberals in Two Rulings Against Law Enforcement Officials

With liberal justices in the majority, the U.S. Supreme Court on Monday ruled against law enforcement officials in a pair of 5-4 decisions that involved police searches of motel registries and excessive force against jail inmates.
5 minute read

Supreme Court's Spider-Man Ruling Snares 'Garage Inventors'

The U.S. Supreme Court's ruling Monday cutting off royalties for the developer of a Spider-Man toy may be a boon to the patent bar, but a blow to "garage inventors" who don't know the intricacies of patent licensing agreements.
4 minute read
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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.

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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.

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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.

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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.

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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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