Supreme Court Practice, Tenth Edition

Supreme Court CoverBy Stephen M. Shapiro, Kenneth S. Geller, Timothy S. Bishop, Edward A. Hartnett and Dan Himmelfarb  

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“In all my decades of practice, Supreme Court Practice has remained the indispensable reference.”

-Seth P. Waxman, Chair, Appellate and Supreme Court Litigation Practice Group, WilmerHale and former Solicitor General


Now in its Tenth Edition, Supreme Court Practice is written with the benefit of the authors' first-hand knowledge and experience, and provides comprehensive analysis of the Supreme Court. The treatise offers up-to-date guidance on every aspect of practice before the Court under its newly revised 2013 Rules-from the most fundamental to the most obscure. It is a definitive resource for prosecuting or defending a case before the Court.

Supreme Court Practice, Tenth Edition includes:

> > In-depth discussions of the jurisdictional and prudential principles that govern practice before the Supreme Court at every stage
> > Advice from some of the country's most experienced Supreme Court practitioners on time-tested techniques for making effective written and oral presentations
> > A complete body of Supreme Court precedent, covering all the relevant decisions in the modern era
> > A wealth of historical precedent bearing on every issue of jurisdiction and procedure in each category of case on the Court’s docket
> > Updated guidelines and checklists for docketing and processing petitions for certiorari and appeals-and for pursuing a case after review has been granted
> > Expert analysis of the current 48 Rules of the Supreme Court, as amended and effective on July 1, 2013
> > A table of cases, an extensive index and a table of rules and laws-to make preparation easier and more thorough

Supreme Court Practice, Tenth Edition explains:
> > How to invoke the Court’s certiorari, appeal and original jurisdiction
> > Insights and guidance on preparing petitions for certiorari, jurisdictional statements, briefs in opposition and motions to dismiss or affirm
> > How to seek a writ of mandamus and other extraordinary relief
> > Whether to file one or more petitions in consolidated or related cases and when to file a cross petition
> > How to comply with the Court’s rules on the contents of petitions and briefs
> > How to prepare an appendix to a petition for certiorari and the joint appendix on the merits
> > Persuasive techniques for oral argument
> > How to seek a stay pending action by the Supreme Court
> > Details of little-known practices like petition holds, calls for a response, calls for the views of the Solicitor General, “GVRs” and summary decisions
> > How to become a member of the Supreme Court Bar and obtain seating for oral argument


Supreme Court Practice is simply indispensable to me and to my colleagues. I have personal copies in my office, in a separate work room that I use, and at home. I consult it constantly. I cannot recall an issue having arisen involving the Court's procedures, practices or customs when I have not found valuable guidance and wisdom in it. I do not see how anyone could practice before the Supreme Court without having this valuable resource readily available.”

-Theodore B. Olson, Co-Chair, Appellate and Constitutional Law Practice Group, Gibson Dunn and former Solicitor General



Stephen M. Shapiro is a partner in Mayer Brown LLP, Chicago, Ill., and a former deputy solicitor general of the United States.

Kenneth S. Geller  of Mayer Brown LLP, Washington, D.C., is the managing partner of the firm and a former deputy solicitor general of the United States.

Timothy S. Bishop  is a partner in Mayer Brown LLP, Chicago, Ill., and previously served as a law clerk for a Justice of the U.S. Supreme Court.

Edward A. Hartnett  is the Richard J. Hughes Professor for Constitutional and Public Law and Service at Seton Hall University Law School.

Dan Himmelfarb  is a partner in Mayer Brown's Washington D.C., office, a member of the firm's Supreme Court & Appellate practice and co-leader of the office's Litigation practice.



Chapter 1. Introduction to the Supreme Court

Chapter 2. Jurisdiction to Review Decisions of Federal Courts

Chapter 3. Jurisdiction to Review Decisions of State Courts

Chapter 4. Factors Motivating the Exercise of the Court's Certiorari Appellate Jurisdiction

Chapter 5. The Manner in Which the Court Determines to Take Jurisdiction

Chapter 6. Procedure in Connection With Petitions for Certiorari

Chapter 7. Procedure on Appeals

Chapter 8. In Forma Pauperis Proceedings

Chapter 9. Certified Questions

Chapter 10. Original Cases

Chapter 11. Extraordinary Writs

Chapter 12. Preparing and Printing the Joint Appendix

Chapter 13. The Briefs on the Merits

Chapter 14. Oral Argument

Chapter 15. Petitions for Rehearing and Final Disposition of Cases

Chapter 16. Motions and Applications

Chapter 17. Stays, Injunctions, and Bail

Chapter 18. Capital Cases

Chapter 19. Justiciability: Standing, Mootness, and Abatement

Chapter 20. Admissions to the Bar and Disbarment


Table of Cases

Subject Index

Table of Rules and Laws



2013/1,450 pp. Hardcover

ISBN 978-1-61746-337-2

Order #2337/$495.00

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