Appellate lawyer; author, How Appealing blog; appellate columnist, The Legal Intelligencer; described as "very esteemed appellate lawyer" by @pcntv commentator
Great oral advocacy tip from these two former Solicitors General, Elizabeth Prelogar and Noel Francisco:
Each believes strongly in conducting long conversations with yourself—out loud, not in your head—in which you simulate predicted questions and your answers over and over. Prelogar does so with a closed office door, while Francisco prefers driving in his red convertible with a cigar! Your mileage may vary.
Francisco said that if there are three key cases that matter in an appeal, he will have practiced describing each out loud 60 times.
Great to see both of them as well. It was a packed panel at 9 am on a Saturday. I’ll share more insights soon.
@AppellateDaily@howappealing@SCOTUSblog@LWIonline
“Supreme Court Once Again Blocks Republican-Backed Voting Map in Missouri; A federal appeals court had sided with Republicans seeking to use redrawn congressional district boundaries to give their party an advantage in the midterms elections”: Ann E. howappealing.abovethelaw.com…
Susan Collins nearly always votes with Trump, but she also uses her influence to bring money back home. “Susan Collins is better for Maine,” a community leader said. “A Democrat in the seat will be better for the country.” newyorkermag.visitlink.me/VH…
Now, in Game 161, the Phillies need to duct tape together 27 outs and pray a comatose lineup awakens. It’s officially time to panic: nytimes.com/athletic/7631532…
The SCOTUS decision in the Missouri case today is one of the most damning and unequivocal smackdowns of a Circuit Court decision I’ve ever read. 1/9 Read it in full here: supremecourt.gov/opinions/25…
“US Chamber of Commerce sues Hawaii over law targeting Citizens United; The nation’s largest business lobby argues Hawaii’s first-in-the-nation law stripping corporations of election-spending power cannot survive First Amendment scrutiny”: Jeremy Yurow of howappealing.abovethelaw.com…
“‘Mom to mom, I am begging you.’ Why a court ruling has parents pulling their kids’ pictures offline. The rise of AI, and a recent court case, have heightened the stakes.” Janelle Nanos of The Boston Globe has this report.
You can access last month’s howappealing.abovethelaw.com…
“Supreme Court Allows Expansive Federal Database for Voter Screening; Critics of a citizenship database built by the Trump administration have raised alarms about privacy and improper voter purges”: Abbie VanSickle of The New York Times has this report. howappealing.abovethelaw.com…
“Kalshi Can Face Ohio, Tennessee Enforcement After New Ruling”: Eric Heisig of Bloomberg Law has this report.
You can access today’s decision of the U.S. Court of Appeals for the Sixth Circuit at this link. howappealing.abovethelaw.com…
“Supreme Court Rejects Missouri’s Republican-Drawn Voting Map”: Greg Stohr of Bloomberg News has this report.
You can access today’s per curiam decision of the U.S. Supreme Court at this link. howappealing.abovethelaw.com…
“Trump Judicial Nominee: For Ethical Reasons, I Cannot Discuss the Time I Called Biden a ‘Great National Nightmare’; Lots of judges are Republicans; Not all of them are this loud about it.” Jay Willis has this post at his “Balls & Strikes” Substack site. howappealing.abovethelaw.com…
“Justice Ketanji Brown Jackson criticizes Supreme Court’s use of emergency docket; In a public appearance, Jackson said the high court’s use of the emergency docket was ‘problematic’ and called for more restraint from her colleagues when using it”: Julian howappealing.abovethelaw.com…
“The Challenges for Legal Commentary in the Last Weeks Before Election Day”: Bob Bauer has this post at the “Executive Functions” Substack site. howappealing.abovethelaw.com…
“Bonus 252: TROs vs. Preliminary Injunctions; The Eighth Circuit’s shenanigans in the Missouri redistricting case are a good excuse to reflect on the (collapsing) distinctions between the two most common types of emergency trial court relief.” Steve howappealing.abovethelaw.com…
Fantastic plenary session with the judges in the 10th Circuit!
Thanks to my host (and fellow legal-writing book author) Judge Bacharach.
Given the Circuit’s recent citation-verification proposal, we played around with RealityCheck, too.
Guess who asked me a question afterward? Barry Scheck of O.J. Simpson trial and Innocence Project fame. He and David Boies are speaking later today.
#appellatetwitter@AppellateDaily@howappealing
“Appeals court allows Pentagon to label Anthropic a national security risk; The government retains wide latitude to use the supply-chain risk label”: Hassan Ali Kanu of Politico has this report.
And Zoe Tillman, Madlin Mekelburg, and Rachel Metz of howappealing.abovethelaw.com…
“Jackson says all is not well on the Supreme Court emergency docket; The most junior member of the high court has been outspoken about her objections to her colleagues’ actions on the emergency docket”: Kelsey Reichmann of Courthouse News Service has this howappealing.abovethelaw.com…