Supreme Court Urged To Hear Appeal About Saving Jobs For People Who Are Blind

All Amicus Briefs, Other Amicus Briefs, US Supreme Court /

The federal AbilityOne Program, administered by the AbilityOne Commission, provides employment opportunities for tens of thousands of people who are blind or severely disabled. These skilled and dedicated individuals work at § 501(c)(3) nonprofit agencies (“NPAs”) that manufacture or provide a wide variety of products or services needed by the federal government. To create and […]

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Starry, Starry Fight? Justices Debate “Stare Decisis”

All Publications, Published Articles, US Supreme Court /

Late last term, the U.S. Supreme Court issued several decisions that reveal, in a variety of contexts, the justices’ current thinking on the role and application of stare decisis. My new Legal Backgrounder for the Washington Legal Foundation,  The Fuss Over “Stare Decisis”: Four October Term 2018 Rulings Open Window to Justices’ Current Thinking, discusses

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Larry Ebner Is Celebrating His 3rd Anniversary As An Independent Appellate Advocate

News /

I opened my appellate litigation boutique, Capital Appellate Advocacy PLLC, on September 1, 2016. Practicing law as an independent professional has been extraordinarily fulfilling. During the past three years I have been able to focus on clients’ needs and problems in a highly personalized, hands-on way – and apply the legal experience, skills, and knowledge

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Make Amicus Briefs Part of Your Advocacy Program

All Publications, Amicus Strategy & Procedure, Federal Courts of Appeals, Published Articles, State Appellate Courts, US Supreme Court /

Trade associations and professional organizations do not have to sit on the sidelines while the Supreme Court or lower appellate courts consider legal issues that may significantly affect their members. Amicus curiae (“friend of the court”) briefs give entire industries and professions a direct line of communication to appellate courts on the policy implications and practical

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EPA Finally Flexes Some Preemption Muscle

Commentary, Federal Preemption /

Note:  On August 26, 2019, the Washington Legal Foundation published this article as part of its Legal Pulse blog.   FIFRA, the federal pesticide statute, gives the U.S. Environmental Protection Agency (EPA) exclusive authority to regulate the content of pesticide labeling, including health & safety warnings. Section 24(b) unequivocally declares that a “State shall not impose .

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Pesticide Ban Bills Ditch Science For Politics

Commentary /

More than 100 members of the House of Representatives—all Democrats—are sponsoring or co-sponsoring the so-called Ban Toxic Pesticides Act of 2019, H.R.230. This short bill would immediately ban all sale and use of chlorpyrifos, a highly beneficial insecticide long used in agricultural production and for certain other uses such as mosquito control and turf maintenance.

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Savvy Panelists Share Insights on Developing, Conducting & Promoting a Supreme Court Practice

Presentations, US Supreme Court /

On July 19, Capital Appellate Advocacy founder Larry Ebner moderated an expert panel on how to develop, conduct, and promote a U.S. Supreme Court practice.  The panel was part of the annual Appellate Advocacy Seminar sponsored by DRI-The Voice of the Defense Bar.  The seminar, held in Chicago, was co-chaired by Sarah Spencer of Christensen

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Virginia Uranium Reveals Fissures in Supreme Court Implied Preemption Jurisprudence

All Publications, Published Articles, US Supreme Court /

The Supreme Court’s recent decision in Virginia Uranium, Inc. v. Warren, No. 16-1275 (June 17, 2019), reveals the Justices’ sharply differing views on the role that legislative intent should play in cases involving implied preemption of state law — more specifically, (i) state legislative intent where the issue is whether a state statute is barred under

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Supreme Court Experts Discuss This Year’s Free Enterprise Cases

US Supreme Court /

Thank you Glenn Lammi, Chief Counsel, Legal Studies Division at the Washington Legal Foundation—and your WLF colleagues, including Rich Samp and  Cory Andrews—for inviting me to moderate the June 19 briefing on How Free Enterprise Fared during the U.S. Supreme Court’s October 2018 Term. I began by identifying the wide variety of subjects addressed this Term

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Supreme Court’s Double-Jeopardy Decision Bolsters Politically Motivated State Prosecutors

Commentary, US Supreme Court /

The Supreme Court’s 7-2 decision in Gamble v. United States, No. 17-646 (June 17, 2019), reaffirming the “dual-sovereignty doctrine”—under which “a State may prosecute a defendant under state law even if the Federal Government has prosecuted him for the same conduct under a federal statute,” slip op. at 1—is a goldmine for politically motivated state

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