The look of the Supreme Court brief has not changed much over the past few decades, but the process used to produce it sure has. For most of the Supreme Court’s history, something other than a computer with word-processing was used to create a Supreme Court brief. Typesetting (known as word-processing today) was a long [...]
How does a case reach the Supreme Court? Well, it can be complicated. But most cases progress routinely down a well-blazed trail (or system of trails). Without a map, you can get lost -- so let this blog serve that purpose as I guide you along the path to the Supreme Court. You Have to [...]
Each type of brief has its own purpose, tone, and of course, requirements. In this blog post, we will examine the different types of Supreme Court briefs in Hollingsworth v. Perry, a recent case in which dozens of briefs were filed, many printed right here at Cockle. The popular Supreme Court blog website SCOTUSblog provides [...]
The U.S. Supreme Court was “born” 225 years ago today, September 24, 1789. This is the date that the Judiciary Act of 1789 (which established the form of the Supreme Court) was signed into law by President George Washington. The first six Justices were also nominated: John Jay (Chief Justice), John Blair, William Cushing, [...]
As we have discussed in our previous blog posts (here & here), the Question Presented is the most important part of your brief because it is the first item that the Justices’ law clerks view. In this blog post I would like to exemplify the qualities of a well-written Question Presented by highlighting the Question [...]
Original Actions may proceed through three distinct stages before final resolution. The first is similar to the “petition stage” of a cert petition and the last is similar to the “merits stage.” The second, “interim” stage, is unique. Stage 1 is commenced by filing the Complaint. The Complaint must be preceded by a Motion For [...]
On this date in 1961 Clarence Gideon was sentenced to five years in a Florida state prison. What he did next forever changed the American legal system. Clarence Gideon was a simple man with humble beginnings in Hannibal, Missouri. His father died when he was only three years old. He ran away from home after [...]
Every year, the Supreme Court receives about 10,000 petitions for writ of certiorari, but only hears about 80 of them. Unlike lower appellate courts, the Supreme Court’s review of a case is not a matter of right, but of judicial discretion. Rule 10 of the Supreme Court’s Rules states that a petition for writ of [...]
Amicus curiae – Latin for “friend of the court,” an amicus curiae is not a party to the case, but is a person, group, or organization who files a brief lending a unique perspective to the Court in the hopes it might influence the Court’s decision of an issue. Brief in Opposition – The response [...]
Litigation at the Supreme Court is called an Original Action. The parties are bringing their dispute directly to the Supreme Court, bypassing all lower courts. Most Original Actions are civil disputes between two or more States and the Court always has original and exclusive jurisdiction over these cases. See 28 U.S.C. § 1251(a). Recent cases [...]