Case

supreme advocacy: supreme on style, a bit light on substance

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The documentary titled “Supreme Advocacy: What It Takes to Argue at the Supreme Court,” directed by Andrew Satter, presents a captivating yet somewhat superficial look into the life of a Supreme Court litigator. It follows Roman Martinez, a partner at Latham & Watkins, as he prepares for and argues the case of A.J.T. v. Osseo Area Schools. This case revolves around the educational accommodations for a teenage girl with severe epilepsy, challenging the existing federal disability discrimination laws. While the film does well in showcasing the advocacy process, it may leave viewers wanting more depth … Read more

What in the world is “zombie precedent”?

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The term “zombie precedent” is a fascinating concept in legal discourse, particularly in discussions surrounding judicial decisions that have outlived their original context or support. This intriguing phrase was popularized by Justice Antonin Scalia, who likened certain Supreme Court rulings to a ghoul that refuses to stay buried. Specifically, Scalia referred to the infamous Lemon test, which has haunted the court’s Establishment Clause jurisprudence for decades. The notion of a zombie precedent encapsulates the idea that some legal precedents can linger, re-emerging in legal arguments despite being largely discredited or abandoned. The Origins of Zombie … Read more

Party Presentation: A Mysterious New Rule?

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The recent ruling in Clark v. Sweeney has sparked discussions about the implications of party presentation in the legal system. This case, decided by the Supreme Court, introduces a principle that could redefine how courts evaluate arguments presented by parties in criminal cases. The concept of party presentation suggests that courts should rely solely on the arguments made by the litigants, raising questions about the potential consequences for justice and fairness in legal proceedings. The Principle of Party Presentation The principle of party presentation posits that courts are bound to consider only the arguments that … Read more

Bush v. Gore in Retrospect

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The Supreme Court case Bush v. Gore, decided on December 12, 2000, marked a pivotal moment in American electoral politics. The decision effectively resolved one of the most contentious presidential elections in U.S. history, raising questions about judicial impartiality and the role of the judiciary in electoral processes. As we reflect on the case 25 years later, its implications extend beyond the courtroom, influencing public perception of the Supreme Court and its decisions. The Background of Bush v. Gore The events leading to Bush v. Gore began during the presidential election on November 7, 2000. … Read more