The Internet offers
a wealth of resources to lawyers
interested in appellate litigation.
Whether you seek prompt access
to today's U.S. Supreme Court
rulings or witty coverage of
that Court's proceedings, the
Internet will not disappoint.
Many appellate courts, including
the Philadelphia-based U.S.
Court of Appeals for the Third
Circuit and the state appellate
courts of Pennsylvania, post
their published opinions on
their Web sites soon after issuance.
One federal appellate court
even provides Internet access
to oral argument audiotapes,
the parties' appellate briefs
and the court's unpublished
opinions.
The Internet sites pertaining
to appellate litigation that
I find most useful and/or entertaining
are listed below, grouped by
general subject matter. If I
have omitted any appellate-related
sites that you believe should
have been included, please e-mail
the link to me for possible
mention in a future column.
Unless otherwise noted, the
sites listed below can be accessed
free-of-charge.
Supreme Court of the
United States: The
U.S. Supreme Court's official
Web site began operation in
April of 2000 and has quickly
established itself as indispensable.
The Court announces its opinions
at 10 a.m., and on days when
opinions are released they are
available for viewing, downloading
or printing by midday. The Court's
official site also provides
access to orders, recent oral
argument transcripts, docket
information and oral argument
schedule. In addition, the site
contains case handling guides
that are especially useful for
lawyers who do not regularly
practice there. The address
of the U.S. Supreme Court's
official Web site is www.supremecourtus.gov/.
If you are looking to access
U.S. Supreme Court opinions
over the Internet even more
promptly after issuance, browse
over to the Legal Information
Institute of the Cornell Law
School. Typically, U.S. Supreme
Court opinions appear on the
LII site within an hour after
release by the Court. You can
access the LII site at supct.law.cornell.edu/supct.
The Internet has also made it
simple to obtain access to most
briefs filed in cases argued
in the U.S. Supreme Court. Briefs
filed in cases argued this Term
and last Term are available
for review at supreme.lp.findlaw.com/supreme_court/briefs/index.html.
And, Northwestern University's
Medill School of Journalism
operates a Web site entitled
"On the Docket" that provides
useful background information
about the cases the U.S. Supreme
Court has accepted for review.
You can access the site at www.medill.nwu.edu/docket/index.html.
The Office of the Solicitor
General of the United States
consistently produces the highest
quality appellate briefs being
written today. While the OSG
does not win every appeal, and
while OSG attorneys can be uneven
in the quality of oral arguments
they deliver (see the transcripts
on the U.S. Supreme Court's
official Web site, if you desire
proof), the OSG's appellate
briefs are consistently top-notch.
They are available for viewing,
downloading and printing at
the OSG's official Web site
www.usdoj.gov/osg/briefs/search.html.
For insightful and often irreverent
commentary on the Supreme Court,
it is difficult to rival Dahlia
Lithwick of Slate.com and John
P. Elwood, formerly a law clerk
to Associate Justice Anthony
M. Kennedy and now a partner
at Baker Botts, L.L.P. in Washington,
D.C. Ms. Lithwick's most recent
commentaries can be accessed
at slate.msn.com/court/entries/01-04-25_104973.asp.
A collection of Mr. Elwood's
commentaries, which recently
began appearing on law.com's
U.S. Supreme Court Monitor,
can be found at www.bakerbotts.com/practice/grouppubs.asp?type=15&groupid=2.
Law.com's regular Supreme Court
coverage, by veteran reporter
Tony Mauro, and its recurring
feature predicting which cases
the Court is likely to choose
for review are quite informative.
The predictions are based on
input from youthful but experienced
U.S. Supreme Court advocate
and Court-watcher Thomas C.
Goldstein, a sole practitioner
in Washington, D.C. You can
access law.com's U.S. Supreme
Court Monitor at www.law.com/us_supreme_ct.
Should you tire of reading,
the Internet also offers multimedia
access to the U.S. Supreme Court.
Northwestern University hosts
The OYEZ Project, which provides
access over the Web to numerous
U.S. Supreme Court oral argument
audiotapes. According to the
site, "you can expect to find
new audio materials on The OYEZ
Project approximately 10 months
following the Term in which
cases were argued in the Court."
The site's address is www.oyez.nwu.edu/.
The cable television public
affairs network C-SPAN broadcasts
a weekly program entitled "America
and the Courts" Saturday nights
at 7 p.m. The program usually
airs recent speeches given by
U.S. Supreme Court Justices.
Earlier this month, the program
completed a nine-month series
in which the first show of each
month consisted of an in-depth
profile of a different current
Justice. You can view all nine
episodes in this series, and
other recent episodes of "America
and the Courts," over the Internet
at www.c-span.org/courts.
Local Appellate Courts:
The Web site of the U.S. Court
of Appeals for the Third Circuit
recently changed its address
to www.ca3.uscourts.gov/.
The Third Circuit posts its
published opinions on the site
late each afternoon on the day
of their release. The site also
provides access to the court's
rules and furnishes some information
about upcoming oral arguments.
The Third Circuit recently terminated
the free-of-charge access it
had been providing to its computerized
docket entries. Now, to access
the Third Circuit's case dockets,
you need a PACER account and
password, and you will be charged
seven cents per printed page.
To access the Third Circuit's
PACER docket entries, visit
pacer.ca3.uscourts.gov.
You can access the Web sites
of the Supreme, Superior and
Commonwealth Courts of Pennsylvania
at www.courts.state.pa.us/.
Each of these courts' Web sites
provides access to published
opinions soon after their release,
and the Superior Court has begun
to provide Internet access to
its case dockets. The Supreme
Court of Pennsylvania, through
its site, provides access to
orders deciding petitions for
allowance of appeal.
For timely coverage of notable
Third Circuit or Pennsylvania
appellate court decisions, nothing
rivals The Legal Intelligencer's
Web site, www.law.com/pa.
Generally speaking, the next
business day's articles are
posted by 10:30 p.m. the night
before, and, by clicking on
the link entitled "more news
this week," you can gain access
to articles printed several
days earlier.
Other Noteworthy Federal
Appellate Web Sites:
What the Web site of the St.
Louis, Missouri-based U.S. Court
of Appeals for the Eighth Circuit
lacks in visual splendor it
more than makes up for in content.
The Eighth Circuit's site provides
access not only to published
opinions, but also makes available
each day's unpublished opinions.
Faithful readers of this column
know that I await with anticipation
the day when the Third Circuit
finally decides to make its
unpublished opinions more readily
available. Two other features
combine to make the Eighth Circuit's
Web site truly unusual: the
site provides Internet access
to oral argument audiotapes
in all argued cases and makes
the parties' appellate briefs
available for viewing, downloading
and printing. You can access
the Eighth Circuit's site at
www.ca8.uscourts.gov/.
Similarly, it is high-quality
content that causes me to visit
regularly the Web site of the
Chicago-based U.S. Court of
Appeals for the Seventh Circuit.
The Seventh Circuit is fortunate
to have as judges on its court
three individuals who in my
view are the best appellate
opinion writers working today.
The three -- Circuit Judges
Richard A. Posner, Frank H.
Easterbrook and Terence T. Evans
-- are such talented thinkers
and writers that they are all
but incapable of producing a
boring published opinion. Indeed,
many of their opinions will
rank among the best you will
ever read. It is not easy to
produce an appellate opinion
that is thought provoking, entertaining
and well written. To access
appellate opinions by Circuit
Judges Posner, Easterbrook and
Evans that consistently exhibit
these qualities, visit the Seventh
Circuit's Web site at www.ca7.uscourts.gov/.
Additional Appellate
Resources: The Federal
Judicial Center maintains on
the Internet the Federal Judges
Biographical Database, which,
according to the site, "contains
the service record and biographical
information for all judges who
have served on the U.S. District
Courts, U.S. Circuit Courts,
U.S. Courts of Appeals, and
the Supreme Court since 1789."
The site is updated on a daily
basis and permits you to access
the biographical information
of current and former federal
judges simply by searching the
first letter of a judge's last
name. The site also provides
historical information about
each federal appellate and district
court. You can access the site
at air.fjc.gov/history/judges_frm.html.
The unacceptably high rate of
vacancies on the federal bench
has been the subject of much
attention recently. You can
track current judicial vacancies
and pending nominations to fill
them at www.uscourts.gov/vacancies/judgevacancy.htm.
Moreover, federal judges who
provide advance notice of their
retirement or acceptance of
senior status, or who have been
nominated for elevation from
a district court to a court
of appeals, are on a list of
future vacancies accessible
at www.uscourts.gov/vacancies/futurevacancy.htm.
Update: Several
months ago this column argued
that Presidential recess appointments
to the federal judiciary are
unconstitutional because recess
appointees lack the Article
III attributes of life tenure
and protection from salary diminution.
More recently, this column reported
that President Bush had withdrawn
former President Clinton's nomination
of recess appointee Roger L.
Gregory to a permanent post
on the Richmond, Virginia-based
U.S. Court of Appeals for the
Fourth Circuit. On May 9, 2001,
President Bush re-nominated
Judge Gregory to a life tenured
position on the Fourth Circuit.
President Bush's recent flurry
of nominations to the federal
appellate bench also included
five highly talented and experienced
appellate litigators currently
in private practice or academia:
Jeffrey S. Sutton to serve on
the Sixth Circuit; Michael W.
McConnell and Timothy M. Tymkovich
to serve on the Tenth Circuit;
and John G. Roberts, Jr. and
Miguel A. Estrada to serve on
the D.C. Circuit. While some
of these five nominees have
already drawn opposition from
interest groups, it is clear
that these experienced appellate
advocates -- all of whom served
as appellate law clerks -- possess
the qualifications necessary
to serve as distinguished federal
appellate judges.
This
article is reprinted with permission
from the June 11, 2001 issue
of The Legal Intelligencer ©
2001 NLP IP Company.