Appellate Practice

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

COVID-related backlogs no longer reason to delay misdemeanor trials, appeals court says

An appellate court in California has admonished a lower court for continuing to cite the COVID-19 pandemic as a valid reason to delay trials.

Jul 17, 2024 8:45 AM CDT

7th Circuit has no patience for Bernhard Modern—a typeface, not a person

The 7th U.S. Circuit Court of Appeals at Chicago is no fan of Bernhard Modern, a typeface used by a Chicago lawyer to the dismay of an appellate panel.

Jun 5, 2024 3:48 PM CDT

Trump could make these appellate arguments after trial he calls ‘rigged’

Former President Donald Trump said Friday he will appeal his hush-money election-interference conviction during a rambling speech in which he criticized the trial, the judge and the prosecution team.

Jun 3, 2024 11:03 AM CDT

How ghostwritten Supreme Court briefs are used as a strategy

Metadata offers a clue that a New York consumer fraud attorney who signed a U.S. Supreme Court brief was not the actual author.

May 21, 2024 12:02 PM CDT

Trump seeks court approval of $91.6 million bond while he appeals E. Jean Carroll verdict

Donald Trump secured a $91.6 million bond to delay execution of a jury verdict in E. Jean Carroll’s defamation lawsuit while he appeals, putting to rest questions about whether he could come up with the funds amid a cash crunch.

Mar 8, 2024 11:26 AM CST

Does narrowed question in Trump immunity case benefit special counsel? Some commentators think so

The U.S. Supreme Court avoided former President Donald Trump’s most extreme arguments—including that he has absolute immunity from prosecution for any acts while in office—when it crafted the question presented in its grant of certiorari Wednesday in the special counsel’s case over efforts to overturn the 2020 presidential election.

Feb 29, 2024 3:09 PM CST

BigLaw firm gets benchslapped for downplaying university deception in appellate brief’s facts section

Gibson, Dunn & Crutcher went too far when it used the facts section of an appellate brief to present “a one-sided narrative" that downplayed adverse findings against its client, according to an appeals court.

Feb 28, 2024 11:31 AM CST

Court scolds Weil partner for brief found to ‘incorporate by reference’ nearly 2,000 words from another document

A partner with Weil, Gotshal & Manges apparently missed an opinion telling his law firm that incorporating an argument by reference can’t be used to exceed word-count limits in briefs, according to the U.S. Court of Appeals for the Federal Circuit.

Feb 20, 2024 1:34 PM CST