Two cases to be argued by outside attorneys
SCOTUS NEWS
The Supreme Court on Tuesday appointed two outside attorneys to defend the lower-court decisions in two cases in which the federal government has declined to do so. The justices granted a request on Monday to have Christopher Mills argue in Martin v. United States. They will likely argue both cases in April, with a decision expected by late June or early July. Both cases are expected to be heard in April with a final decision due in late June or early Jul. In Parrish, justices agreed to resolve a procedural issue relating to the appeals process. But, then-U.S. Solicitor General Elizabeth Prelogar conceded, the decision by the U.S. Court of Appeals for the 4th Circuit was “incorrect.”
When the federal government opts not to defend a lower court’s decision but the Supreme Court grants review, the justices often (although not always) select a lawyer who served as a clerk for the justice responsible for the judicial circuit from which the case hails. Huston, co-chairman of the Perkins Coie appellate group, was a clerk for Chief Justice John Roberts who was the circuit justice in the 4th Circuit. Huston was an assistant to the U.S. Solicitor General before he entered private practice. He argued nine cases in the Supreme Court. The federal government agreed that the U.S. Court of Appeals of the 11th Circuit rejected the family’s claims for false imprisonment, assault and battery, and that this “difference” was not reflected in other circuits. However, it also urged the court to reject review. Mills is a founder (and, it appears, the only lawyer) at Spero Law LLC in Charleston. He was also a fellow for the Becket Fund for Religious Liberty – a non profit law firm that litigates religious liberty cases at the court – and clerked for Justice Clarence Thomas. Mills has never argued before the Supreme Court. Huston and Mills won’t be the first lawyers in 2024-25 to act as a “friend of the court” if both cases are heard this term. Michael McGinley, a Dechert partner and former clerk of Justice Samuel Alito defended a ruling of the U.S. Court of Appeals 5th Circuit in Hewitt v. United States. It was the first argument at the Supreme Court for McGinley, who served as associate counsel to the president during the first Trump administration.
This article was originally published at Howe on the Court.