Success in the Supreme Court is hard to define because it can be viewed in a variety of ways. Few attorneys have the opportunity to try cases there and even fewer argue multiple cases. Part of success therefore is simply getting a case or cases to the Court. Once the Court agrees to hear a…
Tag: Shay Dvoretsky
To Extend or Not to Extend
Occasionally someone will posit a question about Supreme Court practice to me dealing with an issue I haven’t examined. Recently, I had one such interaction with John Elwood of Vinson & Elkins. John asked if I had looked at applications for extensions of time to file petitions for writs of certiorari. As I hadn’t looked…
BriefCatching 2017 Cert-Stage Filings
Good writing quality is one of the greatest assets for attorneys practicing before any court. While there is no universally accepted measure of good writing, software engineers are currently designing programs that measure writing quality in innovative and accurate ways. In past, Empirical SCOTUS has employed off-the-shelf metrics for writing quality to compare filings…
Easy Reading (By Supreme Court Standards)
Supreme Court briefs are team efforts usually with a main coordinating partner/attorney who is known as the “counsel of record.” Although the number of attorneys staffing briefs varies, at the Supreme Court level the number of attorneys listed on the brief is often more than five and can be upwards of ten. This does not…
Justice Sotomayor Shaking Up Post-Scalia Oral Arguments
f (image via Los Angeles Times) It has been over a month since Justice Scalia, one of the most engaged Justices in oral arguments since he was confirmed to the Court in 1986, passed away on February 13, 2016. For all of the commentary surrounding his passing and on the questions surrounding the process of…
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