Scotus News
By Amy Howe
On January 28, 2025
At. 20.33
The court has not yet released the argument plan for March and April. (Abbie Fitz via Shutterstock)
The Supreme Court on Tuesday appointed two outside lawyers to defend the lower court decisions in two cases where the federal government has refused to do so. In a short order Tuesday afternoon, the judges knocked Michael Huston to argue in Parrish against the United StatesAs they added to their docked for period 2024-25 on January 17, and Christopher Mills to argue in Martin against the United StatesAs they assigned Monday afternoon. Both cases are likely to be argued in April with a decision to follow in late June or early July.
IN PARRISHIf the judges agreed to decide a procedural question relating to the appeal process – specifically, about a lawsuit submitting a notice of appeal after that time has expired, has also submitted another message when the time for appeal is opened again.
The federal government had called on the judges to refuse review and tell them (among other things) that the question rarely comes up and likely to make no real difference, even in these cases. But the then US lawyer General Elizabeth Prelogar admitted, the decision made by the US appeal for the 4th orbit was “wrong.”
When the federal government chooses not to defend a lower court’s decision, but the Supreme Court assigns a review, the judges often choose (though not always) a lawyer who served as a clerk of the justice responsible for the judicial orbit from which the case comes. Huston, co-chair of the appeal group in Perkin’s Coie lawyer company, clerk of Chief Justice John Roberts, the orbit of the 4th circuit. Before going into private practice, Huston served as assistant to the US General Procedure and argued nine cases in the Supreme Court.
IN MartinJustices took a few questions derived from a lawsuit brought by a Georgia family whose home was mistakenly attacked by a FBI Swat team. The federal government agreed with the family that the US appeals law for the 11th circuit’s “Reason for rejecting” their claims of false prison and assault and battery “differs from the approach to other circuits.” But here too, the federal government insisted that “disagreement did not affect” the result of the case, and that called on the right to refuse review.
One day after awarding a review, the judges appointed Mills to map and argue for the issue of the false prisons and assaults and battery requirements. Mills is the founder of (and apparently only a lawyer on) Spero Law LLC, a Charleston-based company. He also served as a fellow at the Becket Fund for Religious Liberty, a non-profit law firm, often litigation on cases relating to religious freedom in court, and clerk of Justice Clarence Thomas. Mills has not previously claimed by the Supreme Court.
As law professor Katherine Shaw has documented, the practice is being appointed a lawyer as a “friend of the court” to inform and argue in support of the verdict below, about once each election period. But assuming that both cases are claimed this term, Huston and Mills will not be the first lawyers to appear in this property during the 2024-25 view. In January, Michael McGinley, a partner at the Dechert, defended the company and a former clerk of Justice Samuel Alito, a decision of the US appeals law for the 5th circuit in Hewitt against the United States. It was the first argument at the Supreme Court of McGinley, which served as an associate adviser to the president during the first Trump administration.
This article was originally published on Howe on the field.