Vintage SCOTUS: William Rehnquist’s Memo to Justice Jackson Regarding Brown v. Board of Education
has been made of the memo that William Rehnquist wrote as a clerk to Justice Robert Jackson advising him to uphold Plessy v. Ferguson in Brown v. Board of Education. Rehnquist always maintained that he was only writing what his boss wanted to read, but Rehnquist’s detractors saw that as a flimsy excuse.
Westlaw Flag Colors for OT10 Cases
I’ve always thought it was funny that WestLaw handed out yellow flags like they were candy. I’m referring, of course, to “,” the shorthand notation given to each case to signal whether it has some negative history, is bad law, or has direct history.
- Red Flag: “In cases and administrative ...
Four 8-1 Decisions in One Day
The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions .
, a case centering around arbitration clauses, is especially interested. In an opinion written by Justice Scalia, the Supreme Court somewhat predictably upheld an arbitration agreement and read the Credit Repair Org...
Predicting the April Sitting
I run into the exact same debate every year around mid-January: which cases will be heard during the current term and which will be pushed over to the next? For example, the Court granted on Friday but should I categorize them as OT11 cases or OT12 cases?
Predicting which cases the Court will hear during the April sitting ...
The Case of the Missing Kennedy
Today was another big day at the Supreme Court. Among the four merits opinions released, we got a very interesting summary reversal in and a landmark opinion in , the GPS-tracking case. Unfortunately, I haven’t been able to plow through the latter yet, but I hope to get through it by the end of the day.
Every Oral Argument Recording from OT11 in One Place
If you want to download every oral argument recording from OT11 in one .zip file, you can find that file . This file is especially useful if you want to download the arguments, throw them onto your iPod or iPhone, and then listen to them in your car or on the go. Be warned, however, the file is rather large (nearly 2gb).
Top Female Advocates Before the Supreme Court
To celebrate Patricia Millett’s record-breaking thirty-first Supreme Court argument last week in —the most by any woman before the Court—I have compiled a list of the top 10 female advocates with the most appearances before the Supreme Court who are currently in practice. The following chart includes a link to e...
What Does the Supreme Court’s delay on the DOMA and Same-Sex Marriages Cases Mean? Almost Nothing.
There have been a few news stories this week about the Supreme Court’s non-action on the DOMA and Same-Sex Marriage cases and . argues, surely as a joke, that the Court is being deliberately obtuse:
Maybe they’ll make an announcement Monday, maybe they’ll wait until they meet again in January...
The Supreme Court and Test Cases
Joan Biskupic has an incredibly interesting article for about the man behind Fisher v. University of Texas and Shelby County v. Holder. Apparently Edward Blum, a 60-year old former stockbroker, recruited both Fisher and Shelby County for their challenges and, along with a group of conservative financiers, is pay...
Fascinating Video Interviews with Justice Ginsburg
There are a with Justice Ginsburg that contain very interesting anecdotes about her life in the law and outside of it, including this one:
The Dean [of Harvard] greeted the women in the first-year class with an invitation to dinner at his home. And we thought, “Oh, how thoughtful.” The Dean brought...
Concurring or Dissenting Without an Opinion
In today’s in Los Angeles County Flood Control District v. Natural Resources Defense Council, a line at the end of the five-page opinion reads:
Justice Alito concurs in the judgment.
That line signals that Justice Alito agreed wi...
With the Term quickly approaching it’s midway point, we can take a look at which advocates have made the biggest mark on the Term. for the October to January sittings have been released, with only February, March, and April to go.
Perennial Term leaders Paul Clement and Carter Phillips haven’t appeared at the C...