Skip to main content

First Monday in October: Dos and Don'ts

Monday, October 5 marks the start of the U.S. Supreme Court's October Term 2015. Since 1916, the "first Monday in October" has been the official kick-off of Supreme Court arguments for a particular term, as outlined in 28 U.S.C. § 2. Although the last OT2014 opinions were handed down in late June, the Court doesn't exactly kick back for a lengthy summer vacation: justices have been hard at work behind the scenes this summer reviewing new petitions for certiorari.

There are already forty cases on the docket for this term (listed with brief descriptions at SCOTUSblog); the Court continues to add new cases to the term, with thirteen petitions granted just today. The cases already scheduled for oral argument can be viewed at the Supreme Court's Argument Calendars page. First in line this year is OBB Personenverkehr AG v. Sachs, concerning the definitions of "agent" of a "foreign state" under the Foreign Sovereign Immunities Act. The SCOTUSblog case file contains a summary of previous case activity and links to the full text of the petition and briefs.

What does it take for an attorney to appear before the U.S. Supreme Court? SCOTUS maintains a bar admission process for attorneys who wish to argue before it. Although some have derided the $200 resume booster as a "vanity" credential for most attorneys who join, others highlight the perks of admission to this club, such as prime seating for other Supreme Court arguments.

For those Supreme Court bar members who do actually appear before the Court, the SCOTUS website provides Guides to Counsel with the inside scoop about oral arguments and other Court procedures and etiquette. For example:
  • DON'T walk up the front steps to the Court on argument day: there's a separate entrance for counsel, and arguing counsel can even cut in the line.
  • DO steal the pens: "The quill pens at counsel are gifts to you – a souvenir of your having argued before the highest Court in the land. Take them with you. They are handcrafted and usable as writing quills."
  • DON'T bring a legal pad to the lectern: it won’t fit. The Court recommends a single notebook instead: "Turning pages in a notebook appears more professional than flipping pages of a legal pad."
  • DO look toward the light: the Marshal will alert you to 5 minutes left of your argument time with a white light. A red light means time's up.
  • DON'T get too cute with the justices by cracking jokes: "Attempts at humor usually fall flat."
More detail about the work of a Supreme Court litigator can be found in the seminal treatise Supreme Court Practice, 10th edition (KF9057 .S8 2013 & online in Bloomberg Law: Search & Browse > Books & Treatises > Bloomberg BNA). This guide, it should be noted, doesn't say a word about the quill pen souvenirs (although it does warn about the legal-sized pads).

For more information about the U.S. Supreme Court's upcoming term, check out SCOTUSblog, the Supreme Court website, and the Goodson Law Library's research guide to the U.S. Supreme Court.

Popular posts from this blog

Black's Law Dictionary 12th Edition Now Online

A new 12th edition of Black's Law Dictionary was published in June. Once the library's hard copies arrive and are processed, you will find a print copy at the Reserve Desk and on the dictionary stand in the library Reading Room. Online, the Black's Law Dictionary database on Westlaw has already incorporated the 12th edition changes. (To access it on Westlaw Precision, type BLACKS into the main search bar and select the source from the drop-down suggestions, or retrieve it from the Secondary Sources content menu.) What's new in the 2024 edition? As with the 2019 update, the publisher promises a revision to every single page . More than 2,500 new terms (such as ghost gun and shadow docket ) have been added, bringing the total number of definitions higher than 70,000. Last month, longtime editor Bryan A. Garner joined David Lat's Original Jurisdiction podcast to discuss the new edition and his editorial process for revising the much-cited source. Of course, w

Free Access to US Case Law

Last month marked a milestone for the Caselaw Access Project (CAP) , an ambitious project from the Harvard Law Library Innovation Lab to digitize centuries of U.S. federal and state case law for free public access. Launched in 2016 with the financial backing of online legal research company Ravel Law (now owned by LexisNexis ), the Caselaw Access Project involved the digitization of more than 36 million pages of printed case reporters. The original agreement contained a commercial use restriction for eight years, which has now expired. The Innovation Lab commemorated the occasion with a conference on March 8 , highlighting the history of the project and use cases for the future. For more information on the history of the project, see Adam Ziegler's guest post at Bob Ambrogi's Law Sites . The Search feature on the legacy version of the CAP website links to CourtListener's Advanced Case Law Search , which has incorporated the CAP content. The beta version of the  CAP websit

Winter Break Reading Recommendations

The end of the semester is almost here! Amid the flurry of final exams and the holiday rush, it might be hard to find time for your perfect winter break book. But a good read can help pass the time on long flights or airport delays, as well as give you a great way to wind down for the night at the end of busy holiday festivities. To help you find something appealing to read before you go, here are seven recommended titles that the Goodson Law Library staff have enjoyed recently. Number Go Up: Inside Crypto's Wild Rise and Staggering Fall , by Zeke Faux ( Request a print copy   or put a hold on the e-book !) "In this up-close-and-personal account, Faux reveals the highly entertaining and, frankly, horrifying (for human beings and the environment) worlds behind the current crypto scandals. An investigative reporter for Bloomberg, Faux also manages to make abstruse cryptocurrency concepts digestible here. For my fellow legal news junkies looking for a deep dive beyond the FTX/