As the October 2017 term winds down, all eyes are on Justice Kennedy for any indications that he will announce his retirement from the bench. While there have been no new rumors or public signs that he intends to retire, both Republicans and Democrats have been monitoring the situation closely as a vacancy would likely [...]
The Supreme Court receives many types of documents each day for its review. Appeals to the Supreme Court alone encompass a lot of different types of briefs, including petitions, briefs in opposition, amicus curiae briefs, and reply and supplemental briefs, to name a few. Less frequently, but equally important, are original actions, which are governed [...]
The Supreme Court receives thousands of filings. These include various types of briefs, motions, and applications. The motions and applications the Court receives may include issues such as motions to file amicus curiae briefs, motions or applications for filing date extensions, and applications for stays of orders from the lower courts. Stay applications are frequently [...]
The Court closed out OT 2016 on a high note by granting two highly anticipated cases. On June 26th, the oft-relisted (14 times to be precise), Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission was granted certiorari along with the consolidated cases of Trump v. Hawaii and Trump v. International Refugee Assistance Project. As we [...]
Rumors of Justice Anthony Kennedy’s possible retirement have shifted to 2018 after news of him telling applicants for the 2018 term that he is considering retirement began circulating in early July. Kennedy is the most senior Associate Justice on the Court and is often the swing vote on the Court’s 5-4 decisions, meaning his retirement [...]
Amicus Briefs are submitted by non-parties to a case as a way of introducing information and concerns to the Court, demonstrating that a case’s outcome may have wider effects beyond the immediate parties to the suit. They can provide valuable assistance to the Court in its deliberations by presenting an argument or citing authorities not [...]
The Supreme Court receives thousands of briefs each term. In addition to the typical petitions, briefs in opposition, amicus briefs, and various other briefs, the Justices also receive applications for stays. These applications are typically requesting a stay of execution, but may request a stay on other types of orders as well. Applications for stays [...]
Once a brief is finalized and ready for printing, one of the final decisions is the method of mailing for the service parties and the Court. Fortunately, Supreme Court Rule 29 provides the following straightforward guidelines for ensuring your document is filed and served in a timely manner. Filing The Court follows the mailbox rule–meaning [...]
Ruth Bader Ginsburg (or “Notorious RBG” as she is affectionately known as in the law blogging world) was born in Brooklyn, New York, on March 15, 1933. Although Ginsburg has a lengthy list of accomplishments earning her the “notorious” moniker, one of her most notable accomplishments includes being only the second female United States Supreme [...]
When filing a brief in the United States Supreme Court, there are distinct formatting requirements that must be observed and followed. These requirements are set forth in Supreme Court Rule 33.1, which describes the Court’s required booklet formatting. Below are a few of the Supreme Court’s more obscure rules for filing in booklet format. Every [...]