Yesterday’s argument in Snyder v. Phelps produced more than its share of intriguing story lines: two first-time Supreme Court oral advocates (including one representing her father), a spirited debate inside the courtroom, and an even more spirited demonstration outside. And, of course, there are the you-can’t-be-serious facts of the case: protesters holding [...]
On Monday, the Supreme Court granted six petitions for certiorari in five cases. Two of those petitions were printed here at Cockle. The first was the petition in Williamson v. Mazda Motor of America, Inc., No. 08-1314. The questions presented in that case are: 1. Where Congress has provided that compliance with a federal motor [...]
This post is the first in a series of three discussing what Supreme Court experts suggest when preparing a successful petition for writ of certiorari. The first will address the “argument” section, the second the “questions presented” section and the third, tips and techniques to use when writing the cert petition. While Supreme Court experts [...]
After conducting research on decisions written by particular federal appellate judges that are later granted by the Court, I am of the belief that perhaps Supreme Court Rule 10 should officially be modified. While a conflict among the lower courts remains the prevailing reason why the Court grants cert, there are other certworthy factors not [...]
The Petitioner’s Brief and Joint Appendix in Michigan v. Bryant, No. 09-150, were filed on April 30th. At issue in Bryant, is whether statements made by a wounded citizen regarding the circumstances of a shooting are testimonial statements implicating the Sixth Amendment Confrontation Clause.
The Court granted two cert petitions this morning. In Schwarzenegger et al. v. Entertainment Merchants Association et al., No. 08-1448, the Court was asked to decide whether the First Amendment allows video games with offensive conduct to be sold to minors and whether the State of California’s regulation prohibiting the sale of violent video games must [...]
If I had to pick the one section most frequently overlooked by attorneys filing cert petitions, it is what we at Cockle colloquially call the “appendix index.” That section has gained importance because the Supreme Court recently amended their rules to require an index in every brief containing an appendix. In this post, I will [...]
What happens when your petition for writ of certiorari does not contain an arguable claim of lower court conflict? The absence of a split is challenging for any Supreme Court practitioner, given that the primary reason the Court grants cert is to resolve lower court conflicts. While some petitioners attempt to create a conflict, the [...]
Yesterday, Jeffrey Toobin had a detailed piece on Justice John Paul Stevens in the New Yorker. The article chronicles both the life and judicial philosophy of the Justice. The profile is well worth the read.
It was another hectic week at the Court, starting with an order in Kiyemba v. Obama, No 08-1234, where the Court remanded “in light of new developments.” One of those developments was the fact that all seven petitioners were offered settlements in other countries. On Monday, the Court granted certiorari in Michigan v. Bryant, No. [...]