Lucia v. SEC

Hitting the Nail on the Head: Successful Cert Stage Amicus Briefs in Cases with Financial Implications

Not surprisingly, most cases before the Supreme Court involve high stakes. The justices can assure this by taking a small and selective caseload each term. With so many potential cases petitioned to the Court on such a wide range of issues, the Court really has the pick of the litter in terms of possible cases…

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…

The Invitation List

On January 18th, the Supreme Court released a short order requesting O’Melveny & Myers attorney Anton Metlitsky brief and argue the case of Lucia v. SEC supporting the decision below. The case examines whether administrative law judges of the Securities and Exchange Commission are officers of the United States within the meaning of the appointments clause….