Building a Merits Docket in 2018

The Supreme Court hears its first oral argument of the 2018 term on the first Monday in October (Monday October 1st).  Before then, on September 24th, the justices will sit down to what is known as the “long conference” where the justices will review petitions for the first time since June.  The number of petitions…

Getting Rid of those Amicus Blues

Good writing makes a world of difference in appellate practice.  In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making.  The Court receives briefs in large numbers, with amicus briefs leading the way.  Cases with broad national repercussions may garner…

Attorneys and Firms for the 2017 Term

The current term at the Supreme Court has been anything but ordinary.  With two argued cases already ruled moot the justices are down to 61 argued cases for possible signed decisions. This would tie last term for the fewest signed decisions in the modern Court era.  Not only are the cases few and far between,…

Amicus Policy Success in Impactful Supreme Court Decisions

Perhaps the biggest development in the modern Supreme Court alongside the great discretion the justices now have in dictating the cases they hear is the role of interest groups.  Over the past several decades the Supreme Court has increasingly become the forum for such groups and their attempts at persuasion; the object of persuasion being…

Successful Cert Amici 2014

With 7,006 cases disposed of during the 2014 Supreme Court term, Supreme Court Justices and clerks had an abundance of cases on their plates.  One way that the Justices and clerks find their way to the more important cases (specifically to cases that are important to people beyond the individual parties in the case) is…

Comparing Amicus Briefs in Evenwel v. Abbott

A friend of mine practicing in a large firm recently asked me about comparing documents for similarity.  While his interests are from a transactional standpoint, the same methods can be used to compare documents within or between cases.  To continue with the amicus brief trope from the last post, I thought it would be interesting…

Amicus Briefs and Oral Arguments in the Roberts Court

Do the Justices and their clerks do their homework by reading and analyzing amicus briefs prior to oral arguments? In preparation for a larger project, I thought it would be interesting to probe this question (this also seems timely given Adam Liptak’s column in the New York Times on a recent study examining amicus briefs). …