Editor's Note :

Editor's Note :

At 9:30 a.m. on Monday we expect additional orders from the Court's November 25 Conference. On Tuesday, December 2, we expect one or more opinions in argued cases; we will begin live blogging at this link shortly before 10:00 a.m.

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Understanding the Supreme Court brief and oral argument; the need to state a workable rule; and how to leverage the weak links in the opposing argument.

“Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.”

In this six-part interview, Eric Schnapper — Supreme Court advocate and holder of the Betts, Patterson & Mines Professorship in Trial Advocacy at the University of Washington School of Law — discusses his background, from Yale Law School to a twenty-five-year career at the NAACAP Legal Defense Fund to legal academe; how Supreme Court advocacy differs from other legal advocacy; the importance of legal briefs and their relation to oral argument; what one can and cannot prepare for in oral argument; and stories and what one learns from a long career as a Supreme Court advocate.

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Monday round-up

By on Nov 24, 2014 at 8:25 am

On Friday Oklahoma filed a petition for certiorari before judgment, asking to have its challenge to the availability of tax subsidies for its residents who purchase health insurance on an exchange established by the federal government reviewed when the Court hears oral argument next year in King v. Burwell, in which it has already granted cert.  Lyle covered that filing for this blog; Leland Beck also has coverage at his Federal Regulations Advisor.  And in his column for the Blue Ridge News, Lee Goldman predicts that when the Court does rule in King, it will rule in favor of the challengers and strike down the subsidies. Continue reading »

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This week at the Court

By on Nov 23, 2014 at 12:01 am

On Tuesday the Justices met for their November 25 Conference. Our list of “Petitions to watch” for that Conference is here. Lyle reported on Tuesday’s grants here.

 
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January arguments, day by day

By on Nov 22, 2014 at 9:01 am

The Supreme Court on Friday released the schedule of oral arguments for the session beginning January 12.  Arguments begin at 10 a.m. each day; each argument will be for one hour.  There will be no afternoon arguments.

The daily schedule, with brief summaries of the issues and links to case pages, follows the jump.

Continue reading »

 
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UPDATED 11:21 a.m.   The Oklahoma petition for review before the appeals court rules is here.  The state noted that it is willing to have its case, if granted, put on the same briefing schedule as King v. Burwell, and asks for a quick response to its petition if the Court wishes a response.  The state would seek argument time, it noted.  (Thanks to a helpful reader for sending a copy of the petition.)

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The state of Oklahoma, arguing that the Supreme Court should consider the views of a state government when it rules on the legality of federal tax subsidies to be paid to insurance-buying consumers under the Affordable Care Act, has urged the Court to review that state’s case when it considers the already granted case of King v. Burwell.

Following a request by the Obama administration, Oklahoma’s case is on hold now at the U.S. Court of Appeals for the Tenth Circuit, while the Justices review the King case.  But Oklahoma’s attorney general, Scott Pruitt, is now seeking to bypass the appeals court with a new petition.  The petition itself is not yet available, but it has been docketed by the Supreme Court.

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Petition of the day

By on Nov 21, 2014 at 10:24 pm

The petition of the day is:

14-282

Issue: Whether conspiracy to commit a robbery, absent any overt act in furtherance of the crime, is itself a violent felony presenting a serious potential risk of physical injury justifying an enhanced sentence under the Armed Career Criminal Act.

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Specializing in Supreme Court advocacy; how Supreme Court arguments differ from any other; and what the Court does, whether interpreting the Constitution or a statute.

“Just the way they say, ‘Battle plans never survive contact with the enemy,’ oral argument plans never survive contact with the Court.”

In this six-part interview, Eric Schnapper — Supreme Court advocate and holder of the Betts, Patterson & Mines Professorship in Trial Advocacy at the University of Washington School of Law — discusses his background, from Yale Law School to a twenty-five-year career at the NAACAP Legal Defense Fund to legal academe; how Supreme Court advocacy differs from other legal advocacy; the importance of legal briefs and their relation to oral argument; what one can and cannot prepare for in oral argument; and stories and what one learns from a long career as a Supreme Court advocate.

Posted in Everything Else
 
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Friday round-up

By on Nov 21, 2014 at 5:40 am

Briefly:

  • At his eponymous blog, Luke Rioux cites Monday’s summary decision in Glebe v. Frost as an example of how the Antiterrorism and Effective Death Penalty Act “forces federal courts to deny habeas relief even when a conviction is fundamentally flawed.”
  • At Forbes, JV DeLong weighs in on King v. Burwell, the ACA subsidies case, and urges the Court to “unlock the armory and pull out the rusty but still serviceable sword of non-delegation to stop the nonsense, and restore democratic government.”
  • In The Huffington Post, Fred Wertheimer predicts that the Court’s 2010 decision in Citizens United v. FEC “will go down as one of the worst Supreme Court decisions ever,” and he proposes “a number of important reforms that can be made within the constitutional framework of this decision.”

Continue reading »

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Petition of the day

By on Nov 20, 2014 at 10:15 pm

The petition of the day is:

14-400

Issue: Whether, when a debtor in good faith converts a bankruptcy case to Chapter 7 after confirmation of a Chapter 13 plan, undistributed funds held by the Chapter 13 trustee are refunded to the debtor (as the Third Circuit held in In re Michael), or distributed to creditors (as the Fifth Circuit held below).

UPDATED Monday 1:18 p.m.   This petition before judgment has now been docketed as 14-596. 

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Lawyers for seven same-sex couples in Louisiana — some married, some seeking to marry — asked the Supreme Court on Thursday to review the case before it is decided in a federal appeals court.  The case, the lawyers argued, would widen the scope of the Court’s consideration of the constitutional controversy.  The new petition is here; it has not yet been formally docketed.

There is no need, the document argued, for the Court to await “further percolation of the issue in the courts of appeal.”   There is now a “head-on split” among federal appeals courts, so it “would serve little utility” for the Justices to let the Louisiana case unfold in the U.S. Court of Appeals for the Fifth Circuit, where the case is now pending; a hearing has been set in the appeals court for January 9.

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