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Death Decisions | End of Line, Again | Leaks & Ethics

The justices have been dealing with a flurry of last-minute death penalty applications. We have details. And the Insular Cases appear to be here to stay.
6 minute read
News

Big Law Weighs In | 'Bad Boy' Sixth Circuit | SCOTUS & Election Results

We take a quick look at the law firms that have weighed in on some of the many amicus briefs in the election clause case coming up.
6 minute read
News

Indian Law Blockbuster | $1.2 Billion Patent Denial | Judges, AKA Historians

The justices today hear the longest argument of this final week of the November argument session. We speak with Kathryn Fort, head of the ICWA appellate project at Michigan State University College of Law, the case.
6 minute read

'Tombstones' for Chevron, Feres | Judges' Disclosure Database | Protesters & Cameras

Two justices revisited doctrines that they would like to confine to the dustbin of history.
8 minute read
News

Former Clerks At the Lectern: Week 2 | Deja Vu or Groundhog Day?

The November argument session ends this week but before it does, we take a look at who is appearing before the justices.
10 minute read
News

Taxing Problem | Watch Your Footnotes | Affirmative Action Reaction

The justices end their first week of the November argument session with a case involving the Bank Secrecy Act, pitting business against government and whistleblower interests.
7 minute read
News

A Capital Advocate | The 'Longest' Day | Grizzly Bear Baiting?

After nearly five hours of arguments on affirmative action in higher education, arguments this morning in two cases will seem like a cake walk to those in the audience. We have a look.
6 minute read

Veteran Advocates At the Lectern | Dueling Over History | Caseload Disaster?

The justices are back, and they start the morning with a potential blockbuster: The fate of affirmative action in high education.
9 minute read
News

Looking Back at a Battle for Affirmative Action: Latham's Gregory Garre

Latham & Watkins's Greg Garre offers memories and advice on his Supreme Court appearance defending affirmative action policies in Texas.
7 minute read
News

Patenting Luggage Locks | Turning Away Insular Cases | Ending Affirmative Action

They did not grant review in any news cases Monday, but they did ask for the views of the U.S. solicitor general in a patent case involving something many travelers use today.
7 minute read
News

A Primer on Understanding Art | Prop 8's End of the Road | A Constitutional Independent State Legislature Doctrine

Veteran advocates Roman Martinez of Latham & Watkins and Lisa Blatt of Williams & Connolly go toe-to-toe today, but we check in on an unusual amicus brief supporting neither party to the case.
6 minute read
News

Up Next: Veteran Advocates | 'Pall of Uncertainty' | What 3 Dissenters Can Do

We have the rundown on who will be at the lectern during this week's oral arguments.
9 minute read
News

Grand Jury Privilege Fight | Smart Watches & CVSGs | Kagan & Court's Legitimacy

The court added nine new cases to its docket. We have details on a grant of review in a law firm's fight over when the attorney-client privilege protects communications involving legal and business advice.
7 minute read
News

At The Lectern: 4 Debuts | Water, Water Everywhere? | Ginni Thomas Speaks

With a ceremonial oath-taking behind her, Justice Ketanji Brown Jackson hears her first argument this morning in an environmental case.
8 minute read
News

Pressing for SCOTUS Ethics Bill | The Long Conference's Long Odds

Justice Ketanji Brown Jackson will take her seat as the junior justice in the court's "long" conference. We have a study on cert grants from those conferences.
7 minute read
News

Five Constitutional Amendments | Costly Failure to Recuse | A Judge's View of Racism

The National Constitution Center's virtual constitutional convention brought together three ideologically different teams of law professors to proposed amendments. We have the details of their surprising consensus.
7 minute read
News

Roberts on New Justices, Breyer, His Sisters | Kagan on Favorite Justice, Ordinary People, A 'Serious Question'

Some of the justices, including the chief, have been making the rounds at judicial conferences, law schools and other events this summer. We take a look at what they are talking about.
9 minute read
News

Navy Vet Argues a Navy Vet's Case | S.G. Won't Urge SCOTUS to Overrule Insular Cases

We spoke with Finnegan's James Barney, a U.S. Navy veteran, who makes his high court debut on behalf of a Navy veteran. And a broad campaign to persuade the solicitor general to back the overruling of the Insular Cases in a pending petition was unsuccessful.
9 minute read
News

Sotomayor & Bankruptcy Judges | Privilege & Dual Purpose Communications | Justices' Papers

An opinion by Justice Sonia Sotomayor proved to be the key to a pro-debtor amendment to the federal bankruptcy rules which have been approved for public comment.
7 minute read
News

10 Years, Same Clients, Same Goal | 'Gravest Threat' to Democracy

We're looking ahead a bit to the new term with an interview with the lawyer who will argue first on opening day
6 minute read
News

The Most Pro-Business Court | Friends of the Court | A Family Torn Apart

There has been lots of post-term analysis, but some of the most fascinating takes on the term come from empirical legal scholars. We take a look at two recent reports.
7 minute read
News

Kagan on 3 Ways SCOTUS Earns Legitimacy | The Jackson 4 | Abortion, Guns Fall-Out

Justice Elena Kagan attended the Ninth Circuit's conference in Montana. We have some of her thoughts on how the Supreme Court can protect its legitimacy. And Justice Ketanji Brown Jackson has set up shop in Justice Stephen Breyer's former chambers.
7 minute read

Sketching Justice & Justices | Waiting for the SG | SCOTUS Approval Rating Tanks

The brief respite from the crush of decisions allowed us to catch up with court artist Art Lien, who recently retired after four decades of court sketching.
9 minute read

Business Docket: A 'New Safe Space' | An Advocate's Gift | What Will Breyer Do?

The caricature of a conservative court as good for business is "oversimplified," according to former George W. Bush administration Solicitor General Paul Clement.
6 minute read
News

Denying Qualified Immunity Reviews | Roberts Clerk Returns to Lectern | Jackson's Role

While the court is quiet for now, we catch up on the defeat, thus far, of a strong effort to get the justices rein in the doctrine of qualified immunity.
7 minute read
News

The Most Pro-Religion Justices | Hungry for Arbitration | 'Final Four'

Four cases remain to be decided and there has been no word yet on when the final day of the term will be.
8 minute read

Silence of the Justices | Affirmative Action Redux | 'Female Force' Justices

Missing from the term, especially this close to the end, have been opinion announcements from the bench. We look at what they contribute to our knowledge of the court.
7 minute read
News

A New Climate Change Battle | A Run on 'Mine Run' | A Prince Portrait's Power

There is another climate change legal battle being waged in the lower courts, and an important piece of it reached the justices last week.
7 minute read

$100 Million Refund? | What's Up With WhatsApp? | How Conservative? Very

Supreme Court decisions don't always answer every question raised by those who sought the justices' review. That was the result in a bankruptcy case decided on Monday. The justices left unanswered one potentially very expensive question and another fundamental one.
9 minute read

Investigating a Leak | Overturning Insular Cases | Rehearing Damages Decision

The recent news report that Supreme Court clerks may be asked to sign affidavits or turn over their cell phone records in the investigation of the leaked abortion draft opinion stirred conflicting feelings among some former clerks, but they did agree those investigative tools likely are only causing additional stress during a normally stressful period at the court.
10 minute read
News

Withdrawing an SG Brief | Birth Control: Next Front in Abortion War?

It's not unusual for parties in a Supreme Court case to seek a supporting brief from the solicitor general. But it is another step entirely–and a dramatic one–for a president to seek withdrawal of a brief already presented to the court.
7 minute read

Taking Stock of the Term's Pending Cases | Jackson's 4 Clerks | Brown v. Board's Complete Story

We take a look at eight pending cases that many court watchers are following.
10 minute read
News

Fact Checking Alito | Affirmative Action Opening Salvo | Kavanaugh Protest

Law professor Aaron Tang, a former clerk to Justice Sonia Sotomayor, had harsh words for Alito's historical arguments against abortion.
7 minute read
News

SCOTUS Bar Influence | Remembering John Paul Stevens | More Leak Comments

If anyone still questions the influence of Supreme Court advocates on the court's docket, consider Monday's orders list. It was a good week in general for veteran advocates.
7 minute read
News

Breyer's First Term: A Female 'Chief,' Four Gold Stripes and a Lawyer's Earring

That 1994-95 term was the first one for Justice Stephen Breyer, and it seems fitting to revisit his first week of oral arguments as he prepares this morning to put the coda on 27 years on the High Court.
8 minute read
News

Revoking Another Trump Policy | Allowing Challenged Admissions Policy | Granting New Petitions

With immigration being a controversial topic, it's not surprising that this morning's case, Biden v. Texas, has generated a large number of competing amicus briefs, many authored by big law.
7 minute read

At the Lectern: 10 Former SCOTUS Clerks | Elon Musk, Mark Cuban Join Abrams' SEC Fight

Of the 13 lawyers arguing this week, three are women–all from the U.S. solicitor general's office–three are making their first high court arguments, and 10 are former Supreme Court clerks.
8 minute read
News

Miranda is Back | Suing a Former President | Remembering John Paul Stevens

Good morning and welcome to Supreme Court Brief. The justices have one case this morning to end the first week of the April argument sitting. Lawyers will…
8 minute read
News

Veteran Law School Clinics Step Up | SG Views Sought in Patent, Immunity Cases | SCOTUS & NY Subway

Good morning and welcome to Supreme Court Brief. The court's first case of the day involves U.S. Marine veteran Kevin George's legal quest for disability…
8 minute read
News

Two First-Timers At the Lectern | Violating the Bankruptcy Clause | Roberts Loses 'Control'

Good morning and welcome to Supreme Court Brief. April arguments signal the approaching end of the Supreme Court term, as well as the justices' busiest…
9 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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