Supreme Court Bench

Larry Ebner Quoted In Law360 On Supreme Court Business Decisions

Commentary, News, US Supreme Court /

On June 30, Law360 published 3 Takeaways From The Supreme Court’s Session, an article providing insights about the Court’s now-completed 2022 Term. In the section called “No Banner Term for Business” I am quoted as follows: Corporations also frowned upon the Mallory v. Norfolk Southern decision upholding a Pennsylvania law that says corporations can be […]

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Biden’s Student Debt Forgiveness Plan Was Unforgiveably Unconstitutional

Commentary, US Supreme Court /

On June 30 the Supreme Court held in Biden v. Nebraska that the Biden Administration lacked authority under the Higher Education Relief Opportunities for Students (‘HEROES”) Act to cancel $ 430 billion in student loan debt held by 43 million borrowers. The 6 to 3 majority ruling, authored by Chief Justice Roberts, was correct as

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Sup. Ct. “General Personal Jurisdiction” Ruling Exposes Corporations To Forum-Shopping Plaintiffs

Commentary, US Supreme Court /

Here’s a question that a law school student might find on a final exam: When can a State exercise “general personal jurisdiction” over a corporate defendant? Until this week, the answer seemed clear: only in a State where a company is incorporated or its principal place of business is located. But a new 5 to

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Is A Federal District Judge’s Amicus Invitation To Junior Attorneys A Good Idea?

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

“What could be better than a federal judge’s open invitation that not only offers a junior attorney the incentive to be the principal author of a brie, but also the rare opportunity to present oral argument on behalf of an amicus curiae?” On March 21, 2023, Judge Lee P. Rudofsky of the U.S. District Court

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Is Mass Student Debt Cancellation Constitutional?

All Publications, Atlantic Legal Foundation, Commentary, Published Articles, US Supreme Court /

Almost all the 3 ½ hours of colloquy at the February 28, 2023 Supreme Court hearing on the student debt relief cases, Biden v. Nebraska, No. 22-506,  and U.S. Department of Education v. Brown, No. 22-535, was devoted to two issues: (1) whether the plaintiff states and/or individuals have standing to challenge the debt cancellation

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My Appointment as Chair of the DRI Center for Law & Public Policy

Commentary, News /

I am delighted that DRI President Lana A. Olson has appointed me as Chair of the Center for Law & Public Policy-“The Voice of the Civil Defense Bar.” The Center serves DRI and its 14,000 members as that voluntary bar association’s think tank and advocacy voice. I look forward to working during the next 2 years with The Center’s

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Widely Read Op-Ed Urges Eliminating Amicus Consent Requirement In Federal Appeals Courts

All Publications, Amicus Strategy & Procedure, Commentary, Federal Courts of Appeals, Published Articles /

When the Supreme Court announced that effective January 1, 2023, it no longer will require the parties’ consent, or the Court’s permission, to file an amicus brief, Capital Appellate Advocacy founder Larry Ebner posted a short alert about this development on LinkedIn. After that alert – which proposed that that the same requirement be eliminated

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Big Law-less

Commentary, News /

I went “Big Law-less” 6 yrs ago this month. Ironically, my professional independence has enabled me to interact with many more superb appellate specialists at Big Law firms than ever before – as well as with dozens of outstanding appellate attorneys in smaller, boutique, and solo-practice law firms, and at free-enterprise & individual-liberty advocacy organizations.

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