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U.S. Supreme Court Merits Briefs & Arguments

Below are Jenner & Block’s representative cases before the U.S. Supreme Court from the past several years, with links to the cases' merits briefs and argument transcripts.
2010
- Kucana v. Holder (08-911): Successfully represented the petitioner in a case involving the jurisdiction of federal courts to review appeals involving motions to reopen immigration cases. Merits Brief | Reply Brief
- Hui v. Castaneda (08-1529): Represented Public Health Services officials sued in their individual capacities in case involving interpretation of statute granting immunity to members of the Public Health Service. Merits Brief | Reply Brief | Argument Transcript
- Christian Legal Society v. Martinez (08-1371): Represented a gay and lesbian student organization at a public law school in a case involving a First Amendment challenge to the law school's policy of providing official recognition and funding only to those student groups that open membership to all students regardless of status or belief, and the law school's decision to deny official recognition and funding to a Christian student organization that refused to comply with this open access policy. Respondent's Brief
2009
- Nken v. Mukasey (08-681): Represented a citizen of Cameroon in his efforts to obtain asylum in the United States. The Firm obtained a landmark ruling clarifying an important aspect of immigration law that affects thousands of individuals seeking asylum in the U.S. after fleeing persecution abroad. Merits Brief | Reply Brief | Argument Transcript
- Montejo v. Louisiana (07-1529): Represented a Death Row inmate from Louisiana in a case that argued the client was unconstitutionally interrogated by police officers after counsel had been appointed to represent him. Merits Brief | Reply Brief | Argument Transcript
- Vermont v. Brillon (08-88): Represented Respondent in case involving questions of whether delays caused by failure of assigned counsel to move Respondent's case forward were attributable to the State for speedy trial purposes. Merits Brief | Argument Transcript
2008
- Bridge v. Phoenix Bond & Indemnity (07-210): Represented Phoenix Bond & Indemnity in winning a unanimous U.S. Supreme Court ruling that RICO lawsuits are available to people or companies who are directly injured by a defendant's fraudulent statements to a neutral party, even if the fraudulent statement is not made to the plaintiff. Merits Brief | Argument Transcript
- Crawford v. Marion County Election Board (07-21): Represented a group of voters in a case addressing whether Indiana’s voter identification law was unconstitutional because it placed an undue burden on the right to vote, effectively preventing some would-be voters from casting ballots. Merits Brief | Reply Brief | Argument Transcript
- Baze v. Rees (07-5439): Represented a Death Row inmate in Kentucky who challenged the four-drug lethal injection protocol used by that state to administer capital punishment on Eighth Amendment grounds. Merits Brief | Reply Brief | Argument Transcript
- New York State Board of Elections v. Lopez-Torres (06-766): Represented a group of judicial candidates, voters, and non-profit organizations in alleging that New York's statutory scheme for political parties' nominating candidates for Supreme Court judges violated the First Amendment. Merits Brief | Argument Transcript
2007
- Schriro v. Landrigan (05-1575): Represented death row inmate Jeffrey Landrigan, arguing that he should be granted an evidentiary hearing to determine if he was deprived of his Sixth Amendment right to effective assistance of counsel at trial. Merits Brief | Argument Transcript
- MedImmune, Inc. v. Genentech, Inc. and City of Hope(05-608): Represented City of Hope, a non-profit institution that had collaborated with Genentech to develop techniques that are used to produce therapeutic antibodies that were licensed to MedImmune. Jenner & Block’s brief defended the Federal Circuit’s rule that a patent licensee may not file a declaratory judgment action challenging the validity of the licensed patent without first repudiating the license. Merits Brief | Argument Transcript
2006
- Jackson v. Perry (05-276): Represented a group of voters and officeholders who alleged that a Texas congressional redistricting plan violates the Constitution because the Texas Legislature redrew a lawful districting plan, for the sole purpose of maximizing partisan advantage. The appellants also contended that the 2003 plan diluted African-American voting strength in violation of the Voting Rights Act, and were excessively race-driven, in violation of the Equal Protection Clause. Merits Brief | Argument Transcript | Other Briefs
- Howard Delivery Service, Inc. v. Zurich American Insurance Co. (05-128): Represented Zurich American Insurance Co. in a case concerning whether priority should be given to claims for unpaid workers’ compensation payments in bankruptcy proceedings. Merits Brief | Argument Transcript
- Clarence Edward Hill v. James R. McDonough (05-8794): Represented condemned inmate who contended that a state corrections department’s discretionary choice of a procedure to implement lethal injection violates the Eighth and Fourteenth Amendments. Merits Brief | Argument Transcript
2005
- MGM Studios, Inc. v. Grokster Ltd. (04-480): Represented major U.S. motion picture studios and record companies in the landmark copyright case involving peer-to-peer file-sharing services. The Firm won a significant (and unanimous) victory in the U.S. Supreme Court that made clear that those who intend to foster copyright infringement by others are liable as contributory infringers. Merits Brief | Reply Brief | Argument Transcript
- Wagnon v. Prairie Band Potawatomi Nation (04-631): Presented argument in favor of the autonomy of Native American tribes to tax the fuel sold on a reservation to generate revenues to improve roads and bridges. Merits Brief | Argument Transcript
- National Cable & Telecommunications Association v. Brand X Internet Services (04-277, 04-281): Represented Respondent MCI in challenging the Federal Communication Commission's declaratory ruling that cable companies providing broadband Internet access were telecommunications carriers exempt from mandatory regulation under Title II of Communications Act. Merits Brief | Argument Transcript
2004
- General Dynamics Land Systems, Inc. v. Cline (02-1080): Represented General Dynamics in a labor relations case that was a significant victory for the company in which the Court ruled that the Age Discrimination in Employment Act (ADEA) was not intended to address younger workers’ allegations of employer discrimination that favored older workers. Merits Brief | Reply Brief | Argument Transcript
- Norton v. Southern Utah Wilderness Alliance, et al. (03-101): Represented environmental organizations seeking declaratory and injunctive relief for the failure of an Interior Department agency to act to protect Utah public lands from environmental damage caused by off-road vehicles. Merits Brief | Argument Transcript | Other Briefs
- Rumsfeld v. Padilla (03-1027): Represented Jose Padilla, a U.S. citizen, who had been detained by the military without trial as an “enemy combatant.” Merits Brief | Argument Transcript | Other Briefs
- Vieth v. Jubelirer (02-1580): Represented voters in a case involving whether a Pennsylvania congressional redistricting plan was an unconstitutional partisan gerrymander. Merits Brief | Argument Transcript | Other Briefs
- Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, LLP (02-682): Represented class of local telephone service customers in case involving alleged antitrust and Communications Act violations. Merits Brief | Argument Transcript
2003
- FCC v. NextWave (01-653, 01-657): Represented NextWave in its U.S. Supreme Court victory that returned to NextWave billions of dollars worth of wireless phone spectrum licenses that the Federal Communication Commission had attempted to repossess after the company failed to make installment payments on the licenses while reorganizing under Chapter 11 of the Bankruptcy Code. Merits Brief | Argument Transcript
- Lawrence v. Texas (02-102): Represented the petitioners in a case challenging a Texas anti-sodomy law. As a result, the law was overturned as an invasion of privacy and violation of due process rights. This landmark civil rights decision is widely considered the most important gay rights decision in a generation. Merits Brief | Reply Brief | Argument Transcript
- Wiggins v. Smith (02-311): Represented a death row inmate in a case establishing that attorneys in capital cases must diligently investigate the background of their clients in order to find possible mitigating evidence that could sway a jury’s or a judge’s sentencing decision. Merits Brief | Reply Brief | Argument Transcript
- United States v. American Library Association, Inc. (02-361): Represented a group of public libraries, library associations, library patrons, and web site publishers in challenging the constitutionality of Children's Internet Protection Act (CIPA), which required public libraries to use Internet filters as condition for receipt of federal subsidies. Merits Brief | Argument Transcript
Other Notable Cases
- Verizon v. FCC (00-511): Represented a major telecommunications company in a case addressing whether the FCC rules under the Telecommunications Act of 1996 constitute a taking of private property in violation of the Fifth Amendment. Merits Brief | Argument Transcript
- Mathias v. WorldCom Technologies (00-878): Represented a major telecommunications company in a case addressing whether the judicial review provisions of the Telecommunications Act of 1996 violate the Eleventh Amendment. Merits Brief | Argument Transcript
- Reno v. ACLU (96-511): Represented a coalition of library and public interest groups and Internet businesses in the first Supreme Court case addressing the constitutional principles applicable to regulation of the Internet.
- FCC v. Iowa Utilities Board (97-831): Represented a major telecommunications company in the Court’s first consideration of the 1996 Telecommunications Act.
- Turner Broadcasting Co. v. FCC (93-44): Represented the broadcast industry in defending key provisions of new legislation governing the cable television industry, in both the Court’s initial review setting the appropriate constitutional standard and its final review that the statute met the standard. Both times, the Court’s opinions tracked the specific approach and arguments presented by Jenner & Block.
- Newsweek Inc. v. Florida Department of Revenue (97-663): Represented a client challenging a state tax decision on due process grounds, persuading the Court to summarily decide in our client’s favor at the certiorari stage and thereby saving our client both the time and expense of briefs and argument.
- GNOBA v. United States, Rubin v. Coors Brewing Co., Peel v. Attorney Registration and Disciplinary Commission (98-387): Represented clients in groundbreaking commercial speech cases challenging state and federal restrictions.
- Klehr v. A.O. Smith Corp (96-663): Represented a client in a case establishing a key rule governing civil RICO litigation.
- McMillian v. Monroe County (96-542): Represented a local government in a case establishing the scope of municipal liability for civil rights violations.
- Rutledge v. United States (94-8769): Represented criminal client in challenge to interpretation of statutes defining certain related offenses.
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