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Supreme Court Practice, Tenth Edition

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Read the review by Tom Goldstein and Amy Howe on SCOTUSblog, January 28, 2014  

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

About the Authors

Stephen M. Shapiro is a partner in Mayer Brown LLP, Chicago, IL, and a former deputy solicitor general of the United States.
Kenneth S. Geller of Mayer Brown LLP, Washington, DC, 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, IL, 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 DC office, a member of the firm’s Supreme Court & Appellate practice, and co-leader of the office’s Litigation practice.

2013/1,450 pp. Hardcover/ISBN 978-1-61746-337-2/Order #2337

“For Supreme Court practitioners, or anyone else who may need to file a brief at the U.S. Supreme Court, it could be the best $495 you ever spend.”
Tom Goldstein and Amy Howe, Book review: New edition for a classic treatise, SCOTUSblog (Jan. 28, 2014, 7:00 PM), http://www.scotusblog.com/2014/01/book-review-new-edition-for-a-classic-treatise/

“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

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

Reviews for Previous Editions

American Academy of Appellate Lawyers
Green Bag Law

Supreme Court Practice is a soup-to-nuts guidebook to everything lawyers need to know about petitioning, briefing and arguing before the Supreme Court, with insights into the best ways of getting favorable attention from the Court at every stage.”
Tony Mauro, Legal Times (about the Ninth Edition)

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