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News

Who's Leading AG Jeff Sessions' New 'Religious Liberty Task Force'?

The two attorneys—Jesse Panuccio, the acting associate attorney general and a former Foley & Lardner partner, and Beth Williams, head of the DOJ's legal policy office and a former Kirkland & Ellis partner—will oversee implementation of the Justice Department's faith-focused guidance.
2 minute read
Analysis

Kavanaugh's Clerk Hires: Inside the Diverse, Ivy-Heavy Group of 48

The National Law Journal collected available data on Brett Kavanaugh's 48 clerks. Here are some of the findings on diversity, law schools and Supreme Court clerkships.
9 minute read

Kavanaugh Has Something to Say About Ellipses... | Plus: A High Court Veteran Goes Solo

Here's a snapshot of Brett Kavanaugh's advice for appellate lawyers, and we have the story of former Stris & Maher appellate leader Dan Geyser's new journey into solo practice. Thanks for reading Supreme Court Brief.
2 minute read
News

What's Behind Brett Kavanaugh's 145 DC Circuit Recusals?

"To the best of my knowledge, I have not been automatically recused in any cases without my also separately reviewing the case," Kavanaugh wrote in his Senate questionnaire. "I review all cases myself, including those in which the clerk's office identifies a potential conflict."
2 minute read

Brett Kavanaugh's 'Friends': Inside Ex-Kirkland Partner's SCOTUS Briefs

Kavanaugh was counsel of record in 2000 for a petition on behalf of family members of 6-year-old Elian Gonzalez who wanted to keep him in Miami. He also wrote two amicus briefs supporting religious expressions and activity in public places.
2 minute read
News

Kavanaugh Got a White House Call the Afternoon Kennedy Called It Quits

The timing of Don McGahn's call appears to confirm indications that Brett Kavanaugh was a top contender for the position well before Justice Anthony Kennedy's retirement announcement.
1 minute read
News

As Cosby Defamation Cases Reach SCOTUS, Possible Fresh Look at Lawyers' Free Speech Rights

The cases are drawing interest since the justices have not recently taken up disputes over libel and defamation, a part of First Amendment doctrine that is well-settled.
2 minute read

Kavanaugh's First (And Only) SCOTUS Argument | Thomas Gets the 'Right' Seat

As Brett Kavanaugh's nomination advances, here's a look back at his first—and only—U.S. Supreme Court argument. Plus: Anthony Kennedy's retirement means Justice Clarence Thomas gets a new chair.
7 minute read
News

Kavanaugh Has Long Questioned Agency Power. Just Look at His First Opinion.

Brett Kavanaugh, on a panel with fellow judges Thomas Griffith and Douglas Ginsburg of the U.S. Court of Appeals for the D.C. Circuit, was “kind of an unknown” going into the argument.
1 minute read
News

Kavanaugh Doesn't 'Search for an Easy Answer,' Former Clerks Tell Senate

“We never once saw him take a shortcut, treat a case as unimportant, or search for an easy answer," the letter from 34 former Brett Kavanaugh clerks said.
1 minute read
News

TRANSCRIPT: Brett Kavanaugh's Full Remarks at SCOTUS Nomination

"As a judge, I hire four law clerks each year. I look for the best. My law clerks come from diverse backgrounds and points of view. I am proud that a majority of my law clerks have been women," Brett Kavanaugh said at his nomination ceremony Monday at the White House. Read the full transcript here.
1 minute read
News

Big Law, Academia & Advocates: Early Lines on Kavanaugh

The nomination of Brett Kavanaugh triggered a flood of responses from top appellate lawyers in Big Law, law school professors and advocates on the right and left. We've compiled some notable remarks below.
2 minute read
News

Seven Brett Kavanaugh Opinions That Will Find Renewed Attention

Firearms. The environment. Executive power. Judge Brett Kavanaugh's D.C. Circuit rulings will come into sharp focus now, as his Supreme Court nomination advances.
1 minute read
News

Kennedy's Mixed Business Legacy | What John Roberts Is Reading This Summer | ICYMI: Nomination Runup

Catch up on Mayer Brown's assessment of the Supreme Court term's big business rulings, and what's Chief Justice John Roberts Jr. reading this summer. Scroll down to find out. Thanks for reading SCB.
4 minute read
News

Conservative Lawyer Bopp Urges Trump to Pass on Kavanaugh for SCOTUS

As conservatives remain split over a potential nominee, James Bopp Jr. sent a letter to the president and vice president opposing Brett Kavanaugh's nomination to the U.S. Supreme Court.
2 minute read
News

Kavanaugh Allies Muster 'Army' of Lawyers to Back Potential SCOTUS Pick

A swath of Washington's legal establishment is ready to jump into action if Brett Kavanaugh gets the nod this month.
2 minute read
News

US Chamber's Top Appellate Lawyer Joins Plaintiff-Side Litigation Boutique

Warren Postman, a former Jones Day associate and Justice David Souter law clerk, had held litigation roles at the U.S. Chamber since 2014. His partnership at Keller Lenkner puts him on the plaintiffs side advocating for class actions, not fighting them.
1 minute read
News

John Roberts Sees Himself as 'Honest Broker' Among the Justices

“I feel some obligation to be something of an honest broker among my colleagues and won't necessarily go out of my way to pick fights,” Chief Justice John Roberts Jr. said at the biennial conference of the U.S. Court of Appeals for the Fourth Circuit. He also said that at times, “You would sort of sublimate your views.”
1 minute read
News

Bush v. Gore, Abortion Rights & More: 5 Things to Know About Amy Barrett

Five confirmation and career moments that could reappear at any Supreme Court confirmation hearing if President Trump nominates Seventh Circuit Judge Amy Barrett to succeed Justice Anthony Kennedy.
3 minute read
News

LGBT Workplace Cases Arrive at SCOTUS as Kennedy Punches Out

“It's not a right versus left, conservative versus liberal issue,” Seyfarth Shaw's Sam Schwartz-Fenwick said. “It will be about the specific question that is presented.”
6 minute read
News

Kennedy's Retirement Leaves His Future Law Clerks in Limbo

Depending on when Kennedy's successor joins the bench, an orphaned clerk could possibly work for the new justice. Retired justices are entitled to have one law clerk, so one of the four could take that position for Kennedy.
1 minute read

Inside the Court for Trump v. Hawaii | Feuding Footnotes: Alito v. Sotomayor | Justices Decline Legal Malpractice Dispute

Go inside the Supreme Court for the dramatic announcement of the Trump v. Hawaii ruling, and scroll down for our report on a legal malpractice case -- involving an arbitration clause -- that the justices have declined to hear. Thanks for reading SCB!
2 minute read
News

Clarence Thomas, Alone, Asserts National Injunctions Are 'Historically Dubious'

“These injunctions did not emerge until a century and a half after the founding," Justice Clarence Thomas wrote in a concurring opinion in the travel ban case Trump v. Hawaii. "And they appear to be inconsistent with longstanding limits on equitable relief and the power of Article III courts. If their popularity continues, this court must address their legality.”
1 minute read
News

Supreme Court's Repudiation of 'Korematsu' Is Bittersweet for Rights Advocates

"It's sort of a pyrrhic victory," said Supreme Court historian Peter Irons, who organized an effort to persuade the court to overrule Korematsu in 2013. "We really do appreciate the court's action, but wish it was part of a majority opinion that overturned the travel ban."
2 minute read
News

US Supreme Court Rejects Challenge to Trump's Travel Ban

"We express no view on the soundness of the policy. We simply hold today that plaintiffs have not demonstrated a likelihood of success on the merits of their constitutional claim," Chief Justice John Roberts wrote for the majority.
2 minute read
News

A Supreme Court Cert Trifecta for Williams & Connolly's Kannon Shanmugam

“It's going to be a busy summer,” says Williams & Connolly partner Kannon Shanmugam.
1 minute read
News

SCOTUS to Decide if America Invents Act Narrows Patent Law's On-Sale Bar

The question is whether disclosure of a private distribution agreement in an SEC filing constitutes a "sale" that starts the clock running on a patent application.
1 minute read
News

US Supreme Court Rejects 'Making a Murderer' Case

The high court's action has the effect of leaving in place Brendan Dassey's sentence of life in prison with eligibility for release in 2048. The petition, filed by former U.S. Solicitor General Seth Waxman, now a partner at Wilmer Cutler Pickering Hale and Dorr, was accompanied by an array of cert-stage amicus briefs.
1 minute read
News

Justices Give Florist New Chance to Prove She Didn't Discriminate Against Gay Couple

A state trial court ruled against Barronelle Stutzman, owner of Arlene's Flowers. The justices, without comment, directed the Washington Supreme Court to reconsider its decision in light of the justices' ruling this month in "Masterpiece Cakeshop v. Colorado Civil Rights Commission."
2 minute read
News

#Denied: US Supreme Court Won't Touch Dispute Over Tweeting Federal Judge

U.S. Solicitor General Noel Francisco told the U.S. Supreme Court justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts."
1 minute read
News

A Kennedy Concurrence Fuels Speculation on Chevron's Future—And His

Justice Anthony Kennedy sharply criticized the Chevron doctrine, raising questions about the future of judicial deference to federal agencies, and adding to the buzz in Washington about whether he will stay or leave the court.
2 minute read

In a Contest of Dictionaries, Justices Decide Meaning of 'Money'

“Stock isn't money; stock is stock,” intoned Justice Neil Gorsuch in his summary from the bench of his majority opinion in Wisconsin Central v. United States.
1 minute read

Supreme Court's Internet Sales Tax Ruling Is Billion-Dollar Boon for States

The U.S. Supreme Court says states are allowed to collect sales taxes from online retailers that don't have a have a physical presence in their borders. By a 5-4 vote in the case South Dakota v. Wayfair, the majority overturned the court's 1992 decision in Quill v. North Dakota, which had affirmed the “physical presence” test for state sales-and-use tax collections.
4 minute read

US Supreme Court Says SEC In-House Judges Are More Than 'Mere Employees'

But the court does not address DOJ's request about the power of the president to fire officers of the United States. "No court has addressed that question, and we ordinarily await 'thorough lower court opinions to guide our analysis of the merits,'" Justice Kagan wrote.
2 minute read
News

Two Big Ducks: What Are the Lessons? | Clement, the SG and Tweeting Judges | Plus: Rod's 1-0 at SCOTUS

What to make of two cases—Masterpiece and Gill v. Whitford—that perhaps didn't live up to the hype? We asked around. Plus: Paul Clement takes on SG Noel Francisco over a federal judge's twitter account. And Rod Rosenstein's undefeated at SCOTUS. Thanks for reading—and subscribing to—Supreme Court Brief!
2 minute read
News

Sorry, Securities Lawyers, There Won't Be a SCOTUS Ruling on These Fraud Claims

The justices, who had granted review in March 2017, dismissed Leidos v. Indiana Public Retirement System on Monday after the parties notified the court they had agreed to settle their dispute. The case attracted widespread amicus attention, including a brief from the U.S. Department of Justice.
1 minute read
News

14 Years Later, Progress Is Elusive for Supreme Court on Partisan Redistricting

Justice Elena Kagan offered a path forward on resolving disputes over partisan redistricting, but Chief Justice John Roberts Jr. took a narrow road—calling his colleague's concurring opinion "speculative" and "advisory."
1 minute read
News

US Supreme Court Sides With South Florida Man Over City Hall Arrest

The case required the court to examine the intersection of the principles of free speech and probable cause for arrest.
1 minute read
News

US Justice Dept. Returns to SCOTUS to Challenge Another National Injunction

The U.S. Department of Justice wants the Supreme Court to restrict the injunction in a sanctuary cities case to Chicago. Last week, DOJ lawyers told the Seventh Circuit it would turn to the high court if the appeals court did not rule to limit the breadth of the injunction.
2 minute read
News

Justices Add Key Cases on Apple's Antitrust Woes, Asset Forfeiture and Securities Fraud

U.S. Solicitor General Noel Francisco also urged the justices to grant review in the Apple antitrust case, which will be argued this fall. “The importance of the question presented will only grow as commerce continues to move online,” he wrote. The Apple dispute was one of five case the justices added to their argument docket for the 2018-2019 term.
1 minute read
Analysis

Supreme Court Justices Continue to Shed Stock Holdings, New Disclosures Show

Chief Justice John Roberts Jr. and Justices Samuel Alito Jr. and Stephen Breyer each reported selling stock holdings, according to the latest financial disclosure forms, released Thursday. Other stock sales reported in the forms also help explain justices' recusal behavior in cases before the Supreme Court.
2 minute read

'Making a Murderer' Petition | New SCOTUS Anthology | Roberts: 'Beware the Robots'

Wilmer Hale's Seth Waxman talks about his role in the "Making a Murderer" petition at the U.S. Supreme Court. Plus: prominent authors sign onto an anthology focused on U.S. Supreme Court cases. And if you missed the chief justice's commencement address, check it out. "Beware the robots," Roberts told the graduating high school class.
4 minute read
News

Gorsuch, Embracing Originalism, Mustered No Support in Solo Dissent

"The contracts clause categorically prohibits states from passing 'any ... law impairing the obligation of contracts,'" Justice Neil Gorsuch wrote in a solo dissent in the case Sveen v. Melin. The framers, Gorsuch said, "were absolute. They took the view that treating existing contracts as 'inviolable' would benefit society by ensuring that all persons could count on the ability to enforce promises lawfully made to them."
2 minute read
News

Two Munger Tolles Associates Are Heading to SCOTUS for Clerkships

Celia Choy and Dahlia Mignouna, both Yale Law School graduates, will continue in their practice in the firm's 12-lawyer Washington, D.C., office until they head to the court in the summer of 2019 to clerk for Justice Stephen Breyer. More than half of the lawyers in Munger's office here are women, and a third are racial or ethnic minorities.
1 minute read

Unanimous US Supreme Court Bars 'Stacked' Class Actions

“We hold that American Pipe does not permit a plaintiff who waits out the statute of limitations to piggyback on an earlier, timely filed class action,” Ginsburg wrote for the court Monday in "China Agritech v. Resh." The U.S. Chamber of Commerce, the Washington Legal Foundation and others supported China Agritech in amicus briefs.
5 minute read

Justices, Sharply Divided, Say Ohio's Voter Registration Purges Are Lawful

"The dissents have a policy disagreement, not just with Ohio, but with Congress. But this case presents a question of statutory interpretation, not a question of policy," Justice Samuel Alito Jr. wrote for the 5-4 majority. In dissent, Justice Sonia Sotomayor wrote: "Communities that are disproportionately affected by unnecessarily harsh registration laws should not tolerate efforts to marginalize their influence in the political process."
2 minute read
News

Sotomayor Says She's Optimistic About New Law Clerk Hiring Plan

Sotomayor, speaking at the American Constitution Society's national convention in Washington, said she will pay attention to those law schools and judges who follow the hiring plan and will “react accordingly to those who do not.” She is the latest justice to offer support for a law clerk hiring plan that was announced this year.
5 minute read
News

DOJ Civil Chief, 3 Former SCOTUS Clerks Among Latest Trump Court Picks

The president's 15th round of judicial nominations also included a slate of Big Law lawyers.
3 minute read
Commentary

As SCOTUS Abandons Workers, States, Cities Must Fill Void

Now more than ever, states and cities must play a role in fighting for the rights of workers and ensuring the most vulnerable populations have access to those protections.
5 minute read

Breaking Streak, SCOTUS Appoints Advocate Outside Ranks of Former Clerks

The court recently announced that Atlanta solo Amy Weil was “invited to brief and argue” as amicus curiae in favor of an appeals court decision that neither side supports anymore.
2 minute read

What's the 'Masterpiece' Precedent? | Lessons from Thurgood Marshall | Plus: Breyer Backs Clerkship Plan

What's the scope of the "narrow" ruling in Masterpiece? Plus: Ross Davies offers some lessons in lawyering drawn from the great storyteller Thurgood Marshall. Thanks for reading SCB!
2 minute read
News

In 'Masterpiece' Case, Why Did SCOTUS Snub Wedding Cakes as Art?

Justice Anthony Kennedy, who prides himself on his First Amendment views, made short shrift of the cake-as-art argument: “The free speech aspect of this case is difficult, for few persons who have seen a beautiful wedding cake might have thought of its creation as an exercise of protected speech.”
2 minute read

Where the Justices Found Middle Ground in Gay Wedding Cake Case

Justices Elena Kagan and Stephen Breyer joined Justice Anthony Kennedy's majority ruling. Kagan opened her concurring opinion by quoting Kennedy: "It is a general rule that [religious and philosophical] objections do not allow business owners and other actors in the economy and in society to deny protected persons equal access to goods and services under a neutral and generally applicable public accommodations law."
2 minute read
News

Atlanta Law Firm Loses Seven-Year Fee Fight at US Supreme Court

Lamar, Archer & Cofrin was pursuing more than $104,000 in legal fees a former client had discharged in a Chapter 7 bankruptcy.
1 minute read
News

Judiciary's Proposed Reforms Confront 'Power Disparities' Between Judges, Employees

Misconduct in the federal courts is more than "isolated," a judiciary working group reports. “Of the inappropriate behavior that does occur, incivility, disrespect, or crude behavior are more common than sexual harassment,” the report, released Monday, stated.
5 minute read
News

Justices Rule for Colorado Baker Who Refused to Make a Cake for Gay Wedding

"Whatever the confluence of speech and free exercise principles might be in some cases, the Colorado Civil Rights Commission's consideration of this case was inconsistent with the state's obligation of religious neutrality," Kennedy wrote for the 7-2 court.
6 minute read

Justices Shut Down DOJ's Drive to Punish ACLU Lawyers in Abortion Case

The U.S. Supreme Court on Monday vacated a lower court ruling that allowed a pregnant immigrant teen to have an abortion, but the justices refused to reprimand her lawyers for allegedly misleading the government.
3 minute read
News

Veteran SCOTUS Advocate Allyson Ho Jumps to Gibson Dunn From Morgan Lewis

A former clerk to U.S. Supreme Court Justice Sandra Day O'Connor, Ho has argued four cases before the high court. Ho joins Gibson Dunn's Dallas office, where her husband, James Ho, recently was a partner before his confirmation to the Fifth Circuit.
2 minute read

John Marshall's Everywhere at SCOTUS | Verrilli's Loyola Speech | No 'Victim' Fees for GE

Why is John Marshall such a popular guy at the Marble Palace? And: Donald Verrilli Jr. offered his observations on the Trump administration in a recent commencement address. Plus a whole lot more in the latest Supreme Court Brief. Thanks for reading!
10 minute read
News

Plaintiffs Plot 'Way Around' Supreme Court's Ruling Against Worker Class Actions

There may be another way: "non-mutual offensive collateral estoppel." The concept is fairly established in the law, but it has not been used much. And judges and arbitrators have broad discretion whether to apply it in any given case.
7 minute read
News

SG Urges SCOTUS to Review 'Clear Evidence' Ruling in Fosamax Case

The U.S. solicitor general has asked the U.S. Supreme Court to review a case that addresses one of the most significant federal pre-emption issues for brand drug companies since Wyeth v. Levine.
5 minute read
News

After the 'Epic' Ruling, Is #Gorsuchstyle a Thing of the Past?

Early criticism of Justice Neil Gorsuch's writing style seems to be waning, but don't get any ideas that he has changed to please the pundits.
5 minute read
News

Manafort Takes Supreme Court's Car-Rental Privacy Ruling for Test Drive

It didn't take long for a U.S. Supreme Court decision this term on privacy rights to emerge in perhaps an unlikely spot: the special counsel's prosecution of former Trump campaign chairman Paul Manafort.
5 minute read
News

This Dispute Over a Tweeting Judge Shouldn't Invite the Justices, DOJ Says

Noel Francisco, the U.S. solicitor general, told the justices that questions surrounding judges' use of social media “would benefit from further development in the lower courts” before the Supreme Court takes up a case raising these issues.
5 minute read

Epic Win, But Not for Lawyers? | Four New Grants | Relocating Chief Justice John Marshall

Catch up with Mayer Brown's Andy Pincus about the Supreme Court's employment arbitration ruling this week, and we spotlight the lawyers involved in four new grants for the October term.
11 minute read
News

Gorsuch Renounces Ginsburg's 'Apocalyptic' Warnings in Landmark Labor Case

Neil Gorsuch's 25-page majority opinion and Ruth Bader Ginsburg's 30-page dissent offered conflicting views. Ginsburg's dissent also reflected the growing skepticism of the fairness of arbitration among her liberal colleagues on a court that for many years has been strongly pro-arbitration across the board. The clash marked the second time in months the two justices took aim at each other in writing.
6 minute read
News

Justices, Divided, Say Employment Contracts Banning Class Actions Are Lawful

"The policy may be debatable but the law is clear: Congress has instructed that arbitration agreements like those before us must be enforced as written," Justice Neil Gorsuch wrote for the majority. In dissent, Justice Ruth Bader Ginsburg called the decision "egregiously wrong."
5 minute read

'Sea Change in the Gaming Landscape' | Georgetown Prof's RBG Shout-Out

A Georgetown Law Professor gets a shout-out from Justice Ruth Bader Ginsburg, and we've rounded up some of the reaction to the Supreme Court's sports betting decision this week—looking at the ruling's wide reach.
7 minute read

SG's Social Security Switch | RBG on the Small Screen | Kagan Embraces Clerk Plan

Welcome to SCB. The SG's office switches an earlier position on attorney fees in a Social Security case, and take a peek at a project that would put RBG on the small screen.
7 minute read

Waiting for Decisions | Who's Behind 'SCOTUS-Toons'? | A 1956 Thurgood Marshall Interview

The Supreme Court's dragging a bit in releasing opinions, at least by comparisons to other terms. And: Catch up with the computer science student behind the "SCOTUS-Toons" Twitter and YouTube sites.
10 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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