Issue: (1) Whether the Court should modify Mickens v. Taylor to apply the automatic reversal rule in Holloway v. Arkansas where (a) the prosecution advises a trial court that the appointment of a particular lawyer in a capital case to represent multiple defendants may create a conflict of interest; (b) the appointed lawyer informs the court that he is financially unable to appoint capitally certified counsel for each of the co-defendants; (c) the court acknowledges these conflicts of interest, but delegates resolution of them to the same lawyer; (d) the conflicted attorney then advocates in a manner intended to prevent death sentences for the co-defendants; and (e) the trial court declines to intervene; and (2) whether the Louisiana Supreme Court’s opinion finding no "actual conflict" in this case demonstrates the need for this Court to address the split in the Circuit Courts concerning the standard for determining whether "an actual conflict of interest adversely affected [a] lawyer’s performance" and thereby settle an important question of federal constitutional law.
On Monday at 9:30 a.m. we expect additional orders from the November 25 Conference. (Lyle covered the grants that were issued after that Conference last Tuesday.) Monday is also the first day of the Court's December sitting. The hearing list is here. On Tuesday we expect one or more opinions in argued cases at 10:00 a.m. We will begin live blogging here shortly before 10.
King v. Burwell Availability of federal tax subsidies to individuals who purchase health insurance on an exchange operated by the federal government
Stories from a career of Supreme Court advocacy; what one learns about necessary skills and the value of experienced counsel; and just how hard it is to explain how different Supreme Court advocacy is from anything else a lawyer does. “Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never […]
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Awarded the Webby Award for excellence on the internet.