Appellate Practice

What does Bryan Garner think of artificial intelligence?

Although we hear a lot of talk about AI, a large segment of the legal profession knows little about it and hasn’t tried it. My own conviction is that whatever harm bad actors might do with it, in good hands it’s a tool that can benefit people.

Sep 22, 2025 3:07 PM CDT

SCOTUSblog founder Goldstein could leave country, live comfortably, avoid capture, prosecutors say

Warning that U.S. Supreme Court litigator Tom Goldstein is a flight risk, federal prosecutors say his home was bought with tainted funds and should not be sold to finance his legal defense in a case alleging that he evaded taxes on millions of dollars in high-stakes poker winnings.

Sep 16, 2025 10:41 AM CDT

After more than 40 years in the solicitor general's office, this lawyer says it was a privilege

Before retiring from government service in June, Edwin S. Kneedler, 79, argued 160 times before the Supreme Court. He joined the solicitor general’s office after four years in the Justice Department’s Office of Legal Counsel. He was promoted to deputy solicitor general in 1993 and also briefly served as acting solicitor general in 2009.

Sep 3, 2025 2:07 PM CDT

See the Video: Lawyer calls appeals judge ‘honey’ in heat of oral arguments, struggles to continue

An appellate lawyer has gained internet fame after he called a female judge “honey” during the heat of oral arguments before the Colorado Court of Appeals last week.

Jun 24, 2025 3:11 PM CDT

Retired California justice faces disciplinary charges for allegedly taking too long to decide cases

A retired state appellate justice in California has been accused of delaying hundreds of case decisions for years.

Jun 17, 2025 10:53 AM CDT

Americans share declining views of Supreme Court in new poll

Most Americans don’t see the U.S. Supreme Court as politically neutral, according to a new Reuters/Ipsos poll.

Jun 17, 2025 9:52 AM CDT

How to conduct an oral argument effectively

Oral argument is the most visible part of appellate practice. So it’s natural to get anxious. Here is a beginning-to-end guide on how to conduct an oral argument effectively.

Jun 1, 2025 1:40 AM CDT

ABA asks Nevada Supreme Court to reverse mentally ill man’s death sentence

The ABA is advocating for the reversal of a death sentence imposed on a person with severe mental illness, according to an amicus brief filed with the Nevada Supreme Court on Wednesday.

May 22, 2025 12:21 PM CDT

Many lawyers who argue for Trump at Supreme Court are heading for the exit

At least half of the front-line lawyers in the elite Justice Department office that represents the Trump administration at the Supreme Court are preparing to leave or have already announced their departures—an unusually high amount of turnover at a time of intense litigation involving the president’s initiatives.

Apr 9, 2025 1:45 PM CDT

Indicted SCOTUSblog founder Goldstein poses ‘economic danger,’ judge says in rejecting latest requests

SCOTUSblog co-founder Tom Goldstein isn’t entitled to see grand jury testimony in the tax fraud case against him and must continue to submit to monitoring of his electronic devices while he is on pretrial release, a federal judge has ruled.

Mar 27, 2025 12:16 PM CDT

Trump administration can, for now, enforce orders targeting DEI, appeals court says

A federal appeals court said Friday the Trump administration can, for now, enforce two executive orders that target diversity, equity and inclusion efforts within the federal government.

Mar 17, 2025 12:07 PM CDT

How to do an appellate oral argument

Oral argument is the most visible part of appellate practice. And while lawyers differ on whether a good argument will change the outcome of your case, we can all agree that it’s the thing your clients and colleagues are most likely to see you doing. Not to mention the thrilling proposition that there may one day be a blurry artist’s rendering of you inside the Supreme Court.

Mar 6, 2025 11:49 AM CST

Retired Supreme Court Justice Breyer will hear cases with 1st Circuit

Retired U.S. Supreme Court Justice Stephen Breyer is returning to the federal bench.

Jan 2, 2025 1:49 PM CST

First Amendment bars kosher inspector from suing Jewish nonprofit, 9th Circuit says

A federal appeals court has found that an inspector who ensured that food products complied with Jewish dietary law cannot pursue a job-related lawsuit against the Union of Orthodox Jewish Congregations of America, a nonprofit corporation that runs the country’s largest kosher certification program.

Jan 2, 2025 1:23 PM CST

Supreme Court is ‘dour and diligent’ as it debates ‘potential sleeper case;’ are arguments ‘abusive’?

The U.S. Supreme Court on Monday appeared “dour and diligent” as it considered exhaustion requirements in lawsuits for constitutional violations, according to an article in the New York Times.

Oct 8, 2024 10:34 AM CDT