Every once in a while, I do a post updating the status of the cases in the firm, the Stanford Clinic, and the Harvard Class.
This Term, we were counsel in six merits cases (four through the Stanford Supreme Court Litigation Clinic). One remains pending: Brand X (the Internet-access case).
Next Term, so far, we are counsel in two merits cases: Tum v. Barber Foods (a FLSA case); and Georgia v. Randolph (a Fourth Amendment case). The government has acquiesced to cert. in a third case that will be considered by the Justices before the summer recess: Whitman (a case about jurisdiction over employment claims by federal workers). All three will be litigated along with the Stanford Clinic when the Fall Semester starts, although Tum was litigated just by the firm at the cert. stage and the Whitman petition was done through our Harvard class. (The Clinic is assisting in a fourth case, but our role has been pretty limited so far.)
We have eight other cert. petitions underway, six of which come from opinions in which the court of appeals expressly acknowledges a circuit conflict. (Three of those are Clinic cases, and three just through the firm.) So we’re hopeful that the next Term will be very interesting. We also are working on two briefs in opposition and a significant cert. amicus brief.
We have some non-Supreme Court work, as well. We have cases pending (briefed and argued) before the D.C. Circuit (two cases, one on remand from the Supreme Court) and Third Circuit. We’re also working on a Fifth Circuit appeal and a state court appeal.
Outside of litigation, we’re obviously working on SCOTUSblog and The Supreme Court Nomination Blog, both of which have been great fun. The end of a Term is always very interesting, and we’ll have a lot of statistics and wrap-up materials for you in late-June.
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