Appellate Advocacy Blog

In Roman Catholic Diocese of Brooklyn, New York v. Cuomo, the Roman Catholic Diocese of Brooklyn sought emergency injunctive relief, claiming that an Executive Order issued by Governor Andrew Cuomo regarding, among other things, capacity limits at houses of worship,……
I will admit, I haven’t been the most diligent blogger recently. I have been balancing several deadlines, a sick toddler, and a baby. But, I wanted to share this delightful video out of the Fifth Circuit. Kudos to the judges–you……
Any ranking system contains elements of subjectivity and arbitrariness, and this is unquestionably true when attempting to rank the current justices on the United States Supreme Court. And it should go without saying that every justice on the Court is an incredibly accomplished and well-respected jurist, and among the brightest minds in the legal profession. Notwithstanding, based on each justice’s jurisprudence, one can gain a general sense of their effectiveness, influence, and impact on the Court and the rule of law. The following rankings, which are admittedly subjective and unscientific, are predicated on the following factors: (1) the influence, if…
In the wake of Amy Coney Barrett’s ascendency to the United States Supreme Court, several elected officials and commentators have suggested that the next president should pack the Court, namely, add more justices to ensure a political and ideological balance….…
When the Supreme Court heard argument recently in Torres v. Madrid, the Justices considered a wide range of interpretive approaches that might help them interpret the meaning of a Fourth Amendment seizure.[1] In a heated discussion of stare decisis, the Justices debated how closely they should hew to their prior decision in California v. Hodari D.,[2] which seemed to hold that officers seize a suspect at the moment they apply physical force to him, whether they successfully subdue him or not. The Justices then debated both the import and meaning of founding-era cases that involved seizures through physical…