Practice

Judge William Pryor Jr..

Change of Heart in Georgia Costs Chicago Lawyer a SCOTUS Argument

By Tony Mauro |

Adam Mortara, a former Clarence Thomas clerk working at Bartlit Beck Herman Palenchar & Scott, had been slated to defend a habeas decision authored by Eleventh Circuit Judge William Pryor. Then the Georgia attorney general’s office agreed to step up.

Bessie Margolin photographed on the steps of the U.S. Supreme Court building in the 1950s.

SCOTUS Advocate Bessie Margolin Finds Place in History

By Suzanne Monyak |

Attorney-author Marlene Trestman recalls her first conversation with the accomplished labor lawyer and why it was time for her story to be told.

With oral arguments over for this term at the U.S. Supreme Court, the Bancroft firm topped the list of law firms with the most arguments at eight.

Supreme Court Specialists, Mostly Male, Dominated Arguments This Term

By Tony Mauro |

With oral arguments over for this term at the U.S. Supreme Court, Bancroft has topped the list of law firms with the most arguments at eight—a number rarely reached by any outfit other than the U.S. solicitor general’s office.

A group of attorneys who are deaf pose for a portrait outside the U.S. Supreme Court after being sworn into the Supreme Court Bar on Tuesday, April 19, 2016.

Roberts Uses Sign Language to Welcome Deaf Lawyers to Supreme Court Bar

By Tony Mauro |

In a historic gesture, Chief Justice John Roberts Jr. used American Sign Language from the bench Tuesday to welcome 12 deaf or hard-of-hearing lawyers as new members of the U.S. Supreme Court bar.

Helgi Walker of Gibson Dunn & Crutcher.

Gibson Dunn Partner Reflects on Appointed 'Friend' Role in Supreme Court Case

By Tony Mauro |

Helgi Walker, a partner at Gibson, Dunn & Crutcher, argued on the losing side of a U.S. Supreme Court decision handed down Monday, but she did not have to break the news to a forlorn client.

(l-r) Gregory Katsas, Christian Vergonis, Beth Heifetz, Noel Francisco, and Michael Carvin, of Jones Day.  March 17, 2016.

Docket Chat: Jones Day Beats Well-Worn Path to Supreme Court

By Tony Mauro |

Jones Day lawyers will argue in four of the five cases scheduled at the U.S. Supreme Court this week, justifying—if justification is needed—the location of the firm's Washington office about a half-mile from the court.

Carter Phillips, left, and Seth Waxman, right.

Coin Toss Decides Which Advocate Will Argue Key Patent Case

By Tony Mauro |

When Carter Phillips and Seth Waxman, two titans of the U.S. Supreme Court bar, both want to argue the same side of a case, what are you going to do? You do what the National Football League does every game: flip a coin.

Attorney Stephanie Toti of the Center for Reproductive Rights.

Women's Rights Lawyer to Make SCOTUS Debut in Texas Abortion Case

By Marcia Coyle |

As an "argumentative little kid," Stephanie Toti, who will make her first U.S. Supreme Court argument in this term's abortion case, always wanted to be a lawyer, but she found her niche in the law itself in her grandmother's greatest regret in life.

Wilmer Cutler Pickering Hale and Dorr's Seth Waxman

For 75th Argument, Waxman Might Win for Insurers in Health Data Dispute

By Tony Mauro |

Before former U.S. solicitor general Seth Waxman rose to argue his 75th case before the U.S. Supreme Court on Wednesday, it seemed to some that this milestone would be an uphill battle.

Brendan Johnson

Q&A: Questioning Justice and Jurisdiction in Indian Country

By Marcia Coyle |

When he served as U.S. attorney for South Dakota and chairman of the U.S. Justice Department’s Native American Issues subcommittee, Brendan Johnson learned firsthand the quality of Indian tribal courts. Today, he doesn’t like the picture of tribal justice that a multibillion-dollar corporation is painting for the U.S. Supreme Court.

U.S. Supreme Court. June 29, 2015.

Three Decades Later, 'Batson' Lawyer Looks for 'Fine Tuning' of Juror Strikes

By Marcia Coyle |

Nearly 30 years ago, the U.S. Supreme Court ruled that prosecutors could not strike potential jurors because of their race, and the court announced a test for determining race-based strikes. After decades of experience, the decision in Batson v. Kentucky does "not work well," according to the lawyer who argued and won the case.

When Justices Throw Lifelines to Advocates

By Tony Mauro |

U.S. Supreme Court justices sometimes toss lifelines to advocates during oral argument, helping them handle a hostile question or advance a winning argument.

Neal Katyal

Neal Katyal Passes a Milestone for Minority Supreme Court Advocates

By Tony Mauro |

Neal Katyal's 26th argument before the U.S. Supreme Court, given in an otherwise routine case Monday, marked a major milestone: He has appeared at the lectern more times than any other male minority lawyer except for Thurgood Marshall.

Stephen Bright of the Southern Center for Human Rights in Atlanta.

Advocates Switch Gears for Last-Minute Issue Raised by Justices

By Tony Mauro |

Stephen Bright was making last-minute preparations on Oct. 30 for his U.S. Supreme Court argument Monday in Foster v. Chatman when a surprise letter arrived via email from Scott Harris, the clerk of the high court.

(l-r) Steven Bright of Southern Center for Human Rights, Anthony Shelley of Miller & Chevalier, Michael Kimberly of Mayer Brown, and William Consovoy of Consovoy McCarthy Park.

Docket Chat: Fresh Faces Get Argument Time in November Cycle

By Tony Mauro |

The November cycle of arguments before the U.S. Supreme Court will bring a large number of relatively new faces to the lectern. Even Solicitor General Donald Verrilli Jr., who usually argues at least one case during each two-week session, will sit this one out.

Demonstrators outside the U.S. Supreme Court, on the day the Court issued its decision in the Burwell v. Hobby Lobby case.  June 30, 2014.

Q&A: Law School Seeks Depoliticized Conversation About Law and Religion

By Marcia Coyle |

Religion is the new battleground following U.S. Supreme Court decisions on contraceptive health insurance and same-sex marriages, but it doesn't have to be, says the director of a new four-year project on religious freedom at Emory University School of Law.

Clockwise from top left: Gregory Garre, Paul Clement, Carter Phillips, and Seth Waxman

Docket Chat: October Arguments Draw Veteran Advocates

By Tony Mauro |

After a headline-making June and a long summer recess, the U.S. Supreme Court returns to the bench on Oct. 5 for a bracing reminder that not all its cases will rock the world.

Study: Veteran Advocates Influence the Language of High Court Rulings

By Tony Mauro |

New evidence of the clout of veteran U.S. Supreme Court advocates and their law firms is revealed in a study showing that the language in their briefs appears in court opinions more often than that of newcomers to the court.

Around 50 teachers, union representatives and students protest the laying off of four teachers Friday, June 12, 2015, at the Academy of Personalized Learning in Redding, Calif. Union officials say the teachers are being let go because they were among 21 teachers who joined the California Teachers Association last year. The layoffs come on the heels of five other layoffs in December.

Brief of the Week: Will Labor Case Affect Compulsory Bar Membership?

By Tony Mauro |

The upcoming U.S. Supreme Court case Friedrichs v. California Teachers Association could significantly affect public sector labor unions. But a new brief discusses how the case could also affect mandatory bar membership for lawyers.

The names of black potential jurors in the murder trial of Timothy Foster were circled in green on this Floyd County, Georgia document cited in Foster's pending Supreme Court case claiming race discrimination in jury selection.

Former Prosecutors Side with Defendant in Jury Selection Bias Case

By Tony Mauro |

An array of well-known former prosecutors has joined forces to urge the U.S. Supreme Court to reaffirm its commitment to banning racial bias in jury selection.

The Seattle Gay Pride Festival, on its 40th Anniversary, features a diverse set of marchers. A variety of scout troops and members march in the parade with pride, celebrating diversity.

A Three-Decade Battle to Change the Boy Scouts

By Marcia Coyle |

The Boy Scouts of America announcement this week that it would end its ban on openly gay adult leaders came 15 years after the U.S. Supreme Court upheld the ban on First Amendment ground, and nearly 30 years after legal battles over the restriction began.

Daniel Sullivan, left, and Vincent Levy, right, associates at Holwell Shuster & Goldberg in NYC.

Former Supreme Court Clerks Find Their Groove at New York Boutique Firm

By Tony Mauro |

Two former U.S. Supreme Court law clerks who went to big law firms have jumped ship and landed where few have gone before—a New York litigation boutique.

Mary Bonauto addresses the media outside the U.S. Supreme Court after the court announced its opinion in the same-sex marriage case <i>Obergefell v Hodges</i>, making gay marriage legal in all 50 states.

Marriage Equality Advocate Seeks to Build on High Court Win

By Marcia Coyle |

As the aftermath of such U.S. Supreme Court rulings as the 1954 school desegregation and 2008 Second Amendment cases show, landmark decisions rarely mark the end of litigation.

Peter Stris of Stris & Maher.

LA Boutique Building a Reputation Before High Court

By Marcia Coyle |

By the end of the U.S. Supreme Court term in June, Peter Stris of the Los Angeles boutique firm Stris & Maher already had two arguments lined up for the next term and a third in which he is working closely with Vermont officials—an enviable situation for any high court advocate.

Good News Community Church sign.  Photo courtesy of Alliance Defending Freedom.

First Amendment Rulings Stir Debate Over License Plates, Signs

By By Tony Mauro |

Befitting the First Amendment, the U.S. Supreme Court's two major free speech decisions issued on Thursday prompted strong and conflicting reaction on both sides in both cases.

Darius Clark. Credit: Cuyahoga County Prosecutor's Office.

Court: Convicted Abuser Had No Right to Cross-Examine Child

By By Marcia Coyle |

Statements by very young children or to persons other than law enforcement officials will rarely trigger a criminal defendant's right to confront his accuser at trial, the U.S. Supreme Court ruled on Thursday.

Beck Redden associate William R. Peterson

Justices Give Houston Associate His Supreme Court Debut

By Tony Mauro |

William Peterson, an associate at Beck Redden in Houston, was not expecting a phone call from a U.S. Supreme Court justice. But there was Justice Antonin Scalia on the line, asking Peterson in January whether he would be interested in arguing a case before the court a few months hence.

An Audio Preview of the Lawyers Who Will Argue in Marriage Cases

By Tony Mauro and Marcia Coyle |

Two of the five lawyers arguing in the same-sex marriage cases on April 28 have never appeared before the U.S. Supreme Court, but none of the five is a novice when it comes to appellate litigation.

Wilmer's D.C. offices at 1875 Pennsylvania Avenue, NW.

Wilmer Partners Beat a Path to Supreme Court Lectern

By Tony Mauro |

When former solicitor general Seth Waxman finished his argument before the U.S. Supreme Court on Tuesday, he did not leave the chamber. Instead, the partner at Wilmer Cutler Pickering Hale and Dorr moved to another chair near the lectern so he could watch firm partner Thomas Saunders argue the next case.

R. James George, Jr. of George Brothers Kincaid & Horton.

Docket Chat: Former Marshall Clerk to Argue for Pro-Confederate Group

By Tony Mauro |

The lawyer who will argue before the U.S. Supreme Court on behalf of the Sons of Confederate Veterans on March 23 is R. James George Jr., a former law clerk to the late Justice Thurgood Marshall.

Robert Weiner of Arnold & Porter

What Leading Lawyers Made of High Court Action

By Marcia Coyle and Tony Mauro |

Lawyers on all sides of the contentious debate over King v. Burwell attended the arguments Wednesday. Here are some first-blush reactions to what they saw and heard.

Michael Carvin, left, and Donald Verrilli Jr., right.

The Sides of March: Carvin and Verrilli to Square Off on Obamacare

By Tony Mauro |

At the U.S. Supreme Court, the arrival of March means it’s time to take up a challenge to the Affordable Care Act.

Michael Carvin, left, and Donald Verrilli Jr., right.

The Sides of March: Carvin and Verrilli to Square Off on Obamacare

By Tony Mauro |

At the U.S. Supreme Court, the arrival of March means it’s time to take up a challenge to the Affordable Care Act.

The inside of the United States Supreme Court.

After Long Drought, State Amici Return to Argue in High Court

By Tony Mauro |

When Kansas Solicitor General Stephen McAllister rose to argue in a preemption case before the U.S. Supreme Court last month, it marked the first time that a state was allowed to appear as amicus curiae before the court since 2008.

Scott Keller, former Chief Counsel to Senator Ted Cruz (R-TX), and now Solicitor General of Texas.

Docket Chat: New Texas SG Set to Debut in Supreme Court Fair Housing Case

By Tony Mauro |

Scott Keller officially becomes the solicitor general of Texas on Jan. 12, and nine days later he gets his baptism by fire: his first argument before the U.S. Supreme Court.

Paul Hughes of Mayer Brown

Mayer Brown Associate Makes Supreme Court Debut

By Tony Mauro |

Most 31-year-old associates don’t get to argue at the U.S. Supreme Court, especially when they work at a firm full of veteran advocates who could pull rank and take on the assignment. But Paul Hughes of Mayer Brown did just that on Dec. 3, appearing in a tricky trademark tacking case.

Philip J. Hirschkop of Hirschkop & Associates in his office.

'Loving' Litigator Says He's 'Not Done Yet'

By Marcia Coyle |

A conversation with Philip Hirschkop, who argued and won a landmark ruling in Loving v. Virginia.

The U.S. Supreme Court justices in 2010. Top row (left to right): Associate Justice Sonia Sotomayor, Associate Justice Stephen G. Breyer, Associate Justice Samuel A. Alito, and Associate Justice Elena Kagan. Bottom row (left to right): Associate Justice Clarence Thomas, Associate Justice Antonin Scalia, Chief Justice John G. Roberts, Associate Justice Anthony Kennedy, and Associate Justice Ruth Bader Ginsburg.

What the Justices Say About the High Court Bar

By Tony Mauro |

U.S. Supreme Court justices acknowledge and generally embrace the dominance of veteran advocates in the work of the court, according to a series of stories published by Reuters Monday.

Wilmer Cutler Pickering Hale and Dorr's Seth Waxman

In His 70th Supreme Court Argument, Waxman Takes Some Hits

By Tony Mauro |

The former solicitor general was calmly making his case before the justices, and was about to shift to a new subject when Justice Antonin Scalia impatiently cut him off. "Could I interrupt before you get to that?" Scalia asked gruffly. "You don't take breaths between sentences. It makes it hard."

Wilmer Cutler Pickering Hale and Dorr's Seth Waxman

In His 70th Supreme Court Argument, Waxman Takes Some Hits

By Tony Mauro |

The former solicitor general was calmly making his case before the justices, and was about to shift to a new subject when Justice Antonin Scalia impatiently cut him off. "Could I interrupt before you get to that?" Scalia asked gruffly. "You don't take breaths between sentences. It makes it hard."

James Duff, returning director of the Administrative Office of the U.S. Courts.

Why James Duff Agreed to Administer the Federal Judiciary—Again

By Tony Mauro |

When the call came from Chief Justice John Roberts Jr., James Duff said it wasn't a matter of it being hard to say no, but rather that "I was truly honored to be asked."

Kathryn Kolbert director of Barnard College’s Athena Center for Leadership Studies

Architect of 'Casey' Win Surveys Abortion-Rights Landscape

By Marcia Coyle |

With the focus once again on abortion and the high court, Supreme Court Brief asked Kathryn Kolbert, who argued and won Planned Parenthood of S.E. Pennsylvania v. Casey in 1992, to look back and forward at the abortion landscape.

Alyza Lewin

In Passport Case, Alyza Lewin Steps Into Her Father's Shoes

By Tony Mauro |

It was a difficult decision, made only two weeks ago. But on Nov. 3, Alyza Lewin, not her father—the veteran advocate Nathan Lewin—will argue before the U.S. Supreme Court in the landmark case Zivotofsky v. Kerry.

U.S. Supreme Court Justice Samuel A. Alito Jr.

Boutique Law Firms Celebrate at Supreme Court

By Tony Mauro |

A 10-year-old association of boutique law firms celebrated a coming of age earlier this month with a black-tie dinner at the U.S. Supreme Court, hosted by Justice Samuel Alito Jr.

William Consovoy, right, and Thomas McCarthy, left, formerly of Wiley Rein, now with their own firm, Consovoy McCarthy.

Ex-Wiley Rein Lawyers Form Appellate Boutique

By Tony Mauro |

Two Wiley Rein partners from the Washington office have left the firm—and they are taking a Supreme Court legal clinic and parts of some high-profile litigation with them.

Bancroft's Paul Clement

Docket Chat: Clement's Milestone and a Jones Day Associate's Debut

By Tony Mauro |

Amid the anticipation surrounding the U.S. Supreme Court's handling of the same-sex marriage issue, the court is proceeding with its usual docket of important, if less headline-grabbing, cases in the next two weeks.

Evan Wolfson, founder and president of Freedom to Marry, outside the U.S. Supreme Court on the day of arguments in the case challenging California's Prop 8 legislation. March 26, 2013.

Advocates Waiting for Supreme Court Action on Marriage

By Marcia Coyle |

From the perspective of Evan Wolfson, the lawyer-activist who founded the Freedom to Marry national campaign in 2003: "It is time. America is ready. The Supreme Court should act" on marriage equality for lesbians and gays. Will it? And when?

(l-r) Wilmer's Seth Waxman, Goldstein & Russell's Thomas Goldstein, Jones Day's Beth Heifetz, and Gibson Dunn's Thomas Hungar.

Fewer Firms Get More Work at the Supreme Court

By Tony Mauro |

If last term is any guide, the dominance of veteran advocates and their law firms at the lectern of the U.S. Supreme Court will only continue when the court returns to the bench Oct. 6.

Kelsi Corkran.

Orrick Hires Five Former Supreme Court Clerks

By Marcia Coyle |

Orrick, Herrington & Sutcliffe has lured three U.S. Supreme Court clerks fresh out of the marble palace and two more veteran high court clerks to a swiftly growing Supreme Court and appellate practice.

John Paul Schnapper-Casteras, lawyer for the NAACP Legal Defense and Educational Fund.

NAACP LDF Hires Sidley Lawyer for Supreme Court Advocacy

By Tony Mauro |

John Paul Schnapper-Casteras remembers hearing talk at the dinner table about the U.S. Supreme Court when he was growing up in Seattle. Now 31, Schnapper-Casteras has taken on a position in Washington where the court will be a major part of his workday conversation.

Hogan Lovells' Neal Katyal

Supreme Court Advocate Sees Urgency in Marriage Fight

By Marcia Coyle |

The gay couples who successfully challenged Utah's ban on same-sex marriages have tapped Hogan Lovell's Neal Katyal to make their arguments in the U.S. Supreme Court, now that the state has asked the justices to hear its appeal.

Aaron Streett of Baker Botts. August 6, 2014. Photo by Diego M. Radzinschi/THE NATIONAL LAW JOURNAL.

Baker Botts Expanding its Supreme Court Presence

By Tony Mauro |

After a decade of doing appellate work for Baker Botts out of Houston, Aaron Streett recently acquired a second office in the firm’s D.C. quarters.

Austin Sarat, William Nelson Cromwell Professor of Jurisprudence & Political Science, Amherst College.

'The Tide is Going Out on the Death Penalty'

By Tony Mauro |

Austin Sarat talks to Tony Mauro about the recent spate of flawed executions and their significance in the debate over capital punishment.

Benjamin Horwich of Munger, Tolles & Olson

Munger Tolles Snags Benjamin Horwich From S.G.'s Office

By Tony Mauro |

Benjamin Horwich has left the U.S. Solicitor General's Office for a new job at the San Francisco office of Munger, Tolles & Olson, which praised his "extraordinary track record as a litigation strategist" in announcing the hire on July 21.

Justice Samuel Alito Jr., United States Supreme Court

Alito's Slap at Federal Circuit Provokes Patent Bar

By Marcia Coyle |

The U.S. Court of Appeals for the Federal Circuit gets little respect from the U.S. Supreme Court. Witness its 1-5 win-loss record in the term just ended.

Sean Donahue of Donahue & Goldberg

Environmentalists Cheer Victories—and a Lawyer—in High Court

By Tony Mauro |

In spite of mixed results, environmentalists are celebrating significant victories before the U.S. Supreme Court in the term just ended—and they are thanking Sean Donahue for his major role in achieving those wins.

Ayesha Khan, Legal Director at Americans United for Separation of Church and State, outside the U.S. Supreme Court after arguments in the case <i>Greece v. Galloway</i>.

Q&A: Americans United's Ayesha Khan on Public-Prayer Policies

By Tony Mauro |

Supreme Court Brief interviews the legal director of Americans United about the ramifications of the public-prayer ruling and how it will affect the group's legal strategy.

Ayesha Khan, Legal Director at Americans United for Separation of Church and State, outside the U.S. Supreme Court after arguments in the case <i>Greece v. Galloway</i>.

Q&A: Americans United's Ayesha Khan on Public-Prayer Policies

By Tony Mauro |

Supreme Court Brief interviews the legal director of Americans United about the ramifications of the public-prayer ruling and how it will affect the group's legal strategy.

Assistant Solicitor General Edwin Kneedler

Veteran Supreme Court Advocate Takes Pride in Public Service

By Tony Mauro |

At age 68, with 125 Supreme Court arguments under his belt, Deputy U.S. Solicitor General Edwin Kneedler would be entitled to kick back and spend his time reading novels, not briefs. Instead, Kneedler this week is spending some days off reviewing a satchel full of draft briefs that the Supreme Court requested and must be filed by the government by May 27.

Assistant Solicitor General Edwin Kneedler

Veteran Supreme Court Advocate Takes Pride in Public Service

By Tony Mauro |

At age 68, with 125 Supreme Court arguments under his belt, Deputy U.S. Solicitor General Edwin Kneedler would be entitled to kick back and spend his time reading novels, not briefs. Instead, Kneedler this week is spending some days off reviewing a satchel full of draft briefs that the Supreme Court requested and must be filed by the government by May 27.

Schneider & McKinney's Stanley G. Schneider

Houston Lawyer Wins Supreme Court Case Without Much Help

By Tony Mauro |

Houston lawyer Stanley Schneider won partial victory in a controversial U.S. Supreme Court case on Wednesday in an unusual way: without any amicus curiae briefs filed on his side, and with almost no help from veteran high court advocates.

Schneider & McKinney's Stanley G. Schneider

Houston Lawyer Wins Supreme Court Case Without Much Help

By Tony Mauro |

Houston lawyer Stanley Schneider won partial victory in a controversial U.S. Supreme Court case on Wednesday in an unusual way: without any amicus curiae briefs filed on his side, and with almost no help from veteran high court advocates.

Aereo television streaming

Law Firms Eye Business Boon If Aereo Wins in High Court

By Katelyn Polantz |

Television broadcasters say a U.S. Supreme Court ruling in favor of the streaming Internet TV service Aereo could puncture their businesses and “threaten the very fundamentals of broadcast television,” causing them to lose hundreds of millions of dollars in subscriber fees.

Aereo television streaming

Law Firms Eye Business Boon If Aereo Wins in High Court

By Katelyn Polantz |

Television broadcasters say a U.S. Supreme Court ruling in favor of the streaming Internet TV service Aereo could puncture their businesses and “threaten the very fundamentals of broadcast television,” causing them to lose hundreds of millions of dollars in subscriber fees.

Jones Day's Michael Carvin

'Student Arguing Against the Teacher' in Challenge to Ban on Campaign Lies

By Tony Mauro |

If Jones Day partner Michael Carvin dials back his typically aggressive advocacy style before the U.S. Supreme Court on April 22, there may be two explanations.

Jones Day's Michael Carvin

'Student Arguing Against the Teacher' in Challenge to Ban on Campaign Lies

By Tony Mauro |

If Jones Day partner Michael Carvin dials back his typically aggressive advocacy style before the U.S. Supreme Court on April 22, there may be two explanations.

Ronald J. Mann, professor at Columbia Law School

Litigator Lists Mastery of Old English Among Assets

By Marcia Coyle |

When Ronald Mann steps up to the lectern in the U.S. Supreme Court on April 2, he likely will feel as much at home before the justices as he does before his law students at Columbia Law School.

Ronald J. Mann, professor at Columbia Law School

Litigator Lists Mastery of Old English Among Assets

By Marcia Coyle |

When Ronald Mann steps up to the lectern in the U.S. Supreme Court on April 2, he likely will feel as much at home before the justices as he does before his law students at Columbia Law School.

Judge Francis Allegra of the U.S. Court of Claims.

Q&A: Judge Francis Allegra on Patent Eligibility for Software

By Tony Mauro |

On March 31, the U.S. Supreme Court will take another run at an issue that seems like it should have been resolved decades ago: whether computer software—or “computer-implemented inventions"—can be patented.

Judge Francis Allegra of the U.S. Court of Claims.

Q&A: Judge Francis Allegra on Patent Eligibility for Software

By Tony Mauro |

On March 31, the U.S. Supreme Court will take another run at an issue that seems like it should have been resolved decades ago: whether computer software—or “computer-implemented inventions"—can be patented.

Bancroft's Paul Clement

Milestones Ahead for Members of Supreme Court Bar

By Tony Mauro |

Tuesday will mark the third year in a row that Verrilli and Clement have argued on opposing sides in marquee cases in late March.

Bancroft's Paul Clement

Milestones Ahead for Members of Supreme Court Bar

By Tony Mauro |

Tuesday will mark the third year in a row that Verrilli and Clement have argued on opposing sides in marquee cases in late March.

Bernstein Litowitz's Salvatore Graziano

Securities Class Actions Take Spotlight in High Court

By Tony Mauro |

On Wednesday, the U.S. Supreme Court hears arguments in Halliburton v. Erica P. John Fund, a much anticipated case that could shape the future of securities fraud class actions.

John Bursch

Litigator Known for his Bow Ties and His Winning Record

By Marcia Coyle |

As Michigan's solicitor general, John Bursch compiled a U.S. Supreme Court argument record that even more veteran high court advocates would envy.

John Bursch

Litigator Known for his Bow Ties and His Winning Record

By Marcia Coyle |

As Michigan's solicitor general, John Bursch compiled a U.S. Supreme Court argument record that even more veteran high court advocates would envy.

John Bursch

Litigator Known for his Bow Ties and His Winning Record

By Marcia Coyle |

As Michigan's solicitor general, John Bursch compiled a U.S. Supreme Court argument record that even more veteran high court advocates would envy.

Sidley Austin's Peter Keisler

Sidley's Peter Keisler to Argue Greenhouse-Gas Case

By Tony Mauro |

The five private parties that are challenging the Environmental Protection Agency’s power to regulate greenhouse gases from stationary sources have given the nod to Sidley Austin partner Peter Keisler to argue before the U.S. Supreme Court on Feb. 24.

Sidley Austin's Peter Keisler

Sidley's Peter Keisler to Argue Greenhouse-Gas Case

By Tony Mauro |

The five private parties that are challenging the Environmental Protection Agency’s power to regulate greenhouse gases from stationary sources have given the nod to Sidley Austin partner Peter Keisler to argue before the U.S. Supreme Court on Feb. 24.

Sullivan & Cromwell's Jeffrey Wall

Wall Street Firm Bolsters High Court Practice

By Tony Mauro |

Jeffrey Wall is the latest lawyer to decamp the U.S. solicitor general's office to lead or co-lead a major law firm's appellate practice. But Wall traveled a slightly different path when he left last fall, signing on as special counsel at Sullivan & Cromwell, a Wall Street titan, rather than heading to a Washington or Chicago firm with deep experience at the high court.

Sullivan & Cromwell's Jeffrey Wall

Wall Street Firm Bolsters High Court Practice

By Tony Mauro |

Jeffrey Wall is the latest lawyer to decamp the U.S. solicitor general's office to lead or co-lead a major law firm's appellate practice. But Wall traveled a slightly different path when he left last fall, signing on as special counsel at Sullivan & Cromwell, a Wall Street titan, rather than heading to a Washington or Chicago firm with deep experience at the high court.

Professor Carolyn Shapiro, director of the Institute on the Supreme Court of the United States (ISCOTUS) at the Illinois Institute of Technology Chicago-Kent College of Law. Photo courtesy of IIT Chicago-Kent College of Law.

Former High Court Clerk Named Ill. Solicitor General

By Tony Mauro |

U.S. Supreme Court scholar Carolyn Shapiro is the latest former high court law clerk to become a state solicitor general.

Professor Carolyn Shapiro, director of the Institute on the Supreme Court of the United States (ISCOTUS) at the Illinois Institute of Technology Chicago-Kent College of Law. Photo courtesy of IIT Chicago-Kent College of Law.

Former High Court Clerk Named Ill. Solicitor General

By Tony Mauro |

U.S. Supreme Court scholar Carolyn Shapiro is the latest former high court law clerk to become a state solicitor general.

Jones Day's Noel J. Francisco

Little Pause for High Court Advocates

By Tony Mauro |

Two lawyers arguing before the U.S. Supreme Court this month have given new meaning to the phrase "busy holiday season."

Jones Day's Noel J. Francisco

Little Pause for High Court Advocates

By Tony Mauro |

Two lawyers arguing before the U.S. Supreme Court this month have given new meaning to the phrase "busy holiday season."

Jones Day's Noel J. Francisco

Little Pause for High Court Advocates

By Tony Mauro |

Two lawyers arguing before the U.S. Supreme Court this month have given new meaning to the phrase "busy holiday season."

State and Local Legal Center executive director Lisa Soronen

Center Advocates for State and Local Governments

By Tony Mauro |

Buffer zones are not just for abortion clinics. That is the message the State and Local Legal Center wants to convey to the Supreme Court as it considers McCullen v. Coakley, set for argument on Jan. 15.

State and Local Legal Center executive director Lisa Soronen

Center Advocates for State and Local Governments

By Tony Mauro |

Buffer zones are not just for abortion clinics. That is the message the State and Local Legal Center wants to convey to the Supreme Court as it considers McCullen v. Coakley, set for argument on Jan. 15.

State and Local Legal Center executive director Lisa Soronen

Center Advocates for State and Local Governments

By Tony Mauro |

Buffer zones are not just for abortion clinics. That is the message the State and Local Legal Center wants to convey to the Supreme Court as it considers McCullen v. Coakley, set for argument on Jan. 15.

Senate Rules Experts Join Fight Over Recess Appointments

By Marcia Coyle |

When the parliamentarian of the U.S. Senate hired Robert Dove in 1966, he made one thing clear: "The Senate rules are perfect, and if they are all changed tomorrow, they're still perfect." Today, "I stand by that philosophy. It is the Senate's choice," said Dove, who served as the Senate's top parliamentarian from 1981 to 1987 and again from 1995 to 2001.

A Personal Stake in Age Discrimination Case

By Marcia Coyle |

Harvey Levin, a former Illinois senior assistant attorney general, has been pursuing his age discrimination case against the state for more than six years. And although the U.S. Supreme Court had announced it would be open for business despite the federal government shutdown, he still was worried, four days out, that his case—the first of the new term—would be delayed.

A Personal Stake in Age Discrimination Case

By Marcia Coyle |

Harvey Levin, a former Illinois senior assistant attorney general, has been pursuing his age discrimination case against the state for more than six years. And although the U.S. Supreme Court had announced it would be open for business despite the federal government shutdown, he still was worried, four days out, that his case—the first of the new term—would be delayed.

Political Scion Preferred Life in the Law

By Marcia Coyle |

A political life might have seemed a logical path for Brian Matsui, given his parents' career choice. But the Morrison & Foerster partner and former Supreme Court clerk preferred a different adversarial process.

Political Scion Preferred Life in the Law

By Marcia Coyle |

A political life might have seemed a logical path for Brian Matsui, given his parents' career choice. But the Morrison & Foerster partner and former Supreme Court clerk preferred a different adversarial process.

Trial Experience Informs Litigator's Appellate Advocacy

By Marcia Coyle |

He has offered legal analysis for Fox News on a variety of subjects, and has even gone one-on-one with Geraldo. But where Tom Dupree Jr. most enjoys plying his expertise is in the courtroom—be it appellate or trial court.

Trial Experience Informs Litigator's Appellate Advocacy

By Marcia Coyle |

He has offered legal analysis for Fox News on a variety of subjects, and has even gone one-on-one with Geraldo. But where Tom Dupree Jr. most enjoys plying his expertise is in the courtroom—be it appellate or trial court.

A Progressive Approach to Constitutional Interpretation

By Marcia Coyle |

Elizabeth Wydra likes to say the Constitution is her portfolio. For Wydra and her litigation team at the Constitutional Accountability Center, the U.S. Supreme Court has fattened that portfolio considerably in the current term.

A Progressive Approach to Constitutional Interpretation

By Marcia Coyle |

Elizabeth Wydra likes to say the Constitution is her portfolio. For Wydra and her litigation team at the Constitutional Accountability Center, the U.S. Supreme Court has fattened that portfolio considerably in the current term.

Appellate Lawyer of the Week: Thomas Byrne

By Tony Mauro |

Defalcation. The word does not trip lightly off the lips, as Thomas Byrne, a partner at Sutherland Asbill & Brennan in Atlanta, has learned in recent months. He said it often enough that "it was beginning to bother my friends."

Appellate Lawyer of the Week: Thomas Byrne

By Tony Mauro |

Defalcation. The word does not trip lightly off the lips, as Thomas Byrne, a partner at Sutherland Asbill & Brennan in Atlanta, has learned in recent months. He said it often enough that "it was beginning to bother my friends."