Appellate Practice

What do Supreme Court advocates do with their feather quill mementos?

A unique tradition maintained since “the earliest sessions of the court,” according to the U.S. Supreme Court’s public information office, is presenting goose-feather pens to advocates who appear for oral argument. The practice reportedly dates back to the early 1800s, when Chief Justice John Marshall provided lawyers with quill pens and inkwells to take notes.

Apr 1, 2017 3:40 AM CDT

Gibson Dunn partner says he would turn down a solicitor general nomination

Gibson, Dunn & Crutcher partner Miguel Estrada doesn’t intend to go through another bruising confirmation battle. Estrada was said to be a top possible nominee for solicitor general, but Estrada told the National Law Journal (sub. req.) that he would turn down the nomination. “I have only respect and best…

Mar 1, 2017 4:29 PM CST

SCOTUS clerk tells amici to caption case of transgender teen with masculine pronoun

U.S. Supreme Court clerk Scott Harris has informed three groups that the caption on their amicus briefs should refer to a transgender teen with a masculine pronoun. Harris told the groups that their reference to Gavin Grimm on the cover of their briefs violated Rule 34 of the Rules of…

Mar 1, 2017 7:00 AM CST

Exoneree makes his first appearance in court as a defense lawyer

Ten years to the month after Jarrett Adams was released from prison for a rape he didn’t commit, the newly minted lawyer was in court this week representing another prisoner in similar straits. Adams was featured in the ABA Journal along with two other exonorees who went to law school…

Feb 17, 2017 4:00 PM CST

It may look ‘fishy,’ but new justice could decide cases without participating in oral arguments

Tradition, rather than law, is the reason new justices who join the U.S. Supreme Court do not decide cases unless they participate in oral arguments. That’s the finding of the National Law Journal’s Supreme Court Brief (sub. req.). “Court experts agree,” the article reports, “that there is no ironclad command…

Jan 12, 2017 9:35 AM CST

SCOTUS appears to back defendants seeking fine repayment after reversed conviction

The U.S. Supreme Court on Monday appeared ready to rule for two criminal defendants in Colorado who say they are entitled to a refund of fees and penalties because their convictions were overturned. At issue is a Colorado law that bars a refund unless the defendants can show actual innocence…

Jan 10, 2017 12:14 PM CST

Posner criticizes ‘verbosity’ in appeals briefs in decision upholding closed voir dire

It didn’t take much more than seven pages for Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals to explain why he was upholding the convictions of two Wisconsin defendants. The Jan. 5 opinion spilled over into the eighth page because of a final paragraph in which…

Jan 9, 2017 7:00 AM CST

Does federal law forbid workplace discrimination against gays? Full 7th Circuit hears arguments

A lawyer with Lambda Legal told an en banc federal appeals court on Wednesday that workplace discrimination based on sexual orientation should be prohibited under a federal law barring sex discrimination. Lawyer Greg Nevins argued on behalf of Kimberly Hively, a math teacher at Ivy Tech Community College in Indiana…

Dec 1, 2016 9:52 AM CST

Supreme Court drops ATM fee cases because of a switch in arguments

The U.S. Supreme Court on Thursday dropped two antitrust cases involving ATM fees and explained the reason why. The court said (PDF) it dismissed the consolidated cases as improvidently granted because lawyers for Visa and MasterCard switched arguments after the court granted cert, report Lyle Denniston Law News, SCOTUSblog and…

Nov 18, 2016 10:23 AM CST

Kansas attorney general apologizes for Dred Scott citation in abortion brief

Kansas Attorney General Derek Schmidt is apologizing for a brief citing the Dred Scott decision in defense of the state’s abortion law. Schmidt withdrew the brief Wednesday, the Wichita Eagle and the Huffington Post report. “Neither the state nor its attorneys believe or were arguing that Dred Scott was correctly…

Oct 20, 2016 8:01 AM CDT

Justice Ginsburg’s accent returns to her New York roots, linguists say

Then-advocate Ruth Bader Ginsburg quashed her New York accent in a 1975 case argued before the U.S. Supreme court, but the accent is once again on display when she reads from the bench, a study has found. The researchers concluded that Ginsburg’s early argument was an example of accommodation, in…

Oct 12, 2016 7:00 AM CDT

In ‘surprise’ ruling, full appeals court reinstates Apple’s $119.6M infringement award

A federal appeals court has reinstated a $119.6 million award to Apple in its infringement battle against Samsung over smartphone technology. In an en banc decision, the U.S. Court of Appeals for the Federal Circuit reinstated the award for infringement of Apple technology for sliding to unlock the phone; automatic…

Oct 7, 2016 12:21 PM CDT

Kardashian hypothetical is raised in SCOTUS arguments on intent needed for bank fraud violation

Justice Stephen G. Breyer offered a Kim Kardashian hypothetical on Monday as the U.S. Supreme Court considered the intent requirement under the federal bank fraud law. At issue in the case is whether the bank fraud law requires only intent to deceive the bank, or whether it also requires an…

Oct 5, 2016 11:35 AM CDT

Lawyers will have to cut 1,000 words from their arguments in federal appeals briefs

Updated and corrected: A proposal to trim the maximum word limit in federal appeals briefs by 1,500 words brought such an outcry that the word reduction was trimmed back.

Oct 4, 2016 10:40 AM CDT

Former solicitor general will open DC office for Munger Tolles

Former Solicitor General Donald Verrilli will open a Washington, D.C., office for Los Angeles-based law firm Munger, Tolles & Olson. Joining Verrilli in the new office are Michael DeSanctis, who is moving to Munger Tolles from Jenner & Block, and former deputy associate attorney general Chad Golder. Law.com (sub. req.),…

Sep 29, 2016 8:40 AM CDT