September 28, 2009
The Final Brief in Jones v. Harris
Posted by William Birdthistle

Earlier this evening, counsel for petitioners in Jones v. Harris filed their reply brief (Download 08-586rb-1), bringing the substantial array of briefing in this case to a close.  Counting amicus filings, the case's Supreme Court docket includes approximately two dozen briefs.  The next step will be oral argument on Monday, November 2, at which the Solicitor General has requested leave to participate by using ten minutes of the petitioners' half hour.

Perhaps the most interesting new argument in today's brief is the petitioners' contention that "[n]either Harris nor its industry amici attempt to defend the Seventh Circuit's analysis."  Indeed, many of those briefs argued instead for a continuation of the Gartenberg precedent, leaving Judge Easterbrook's lower court opinion in a curious limbo.  If neither side supports it, one wonders whether the Supreme Court will attempt by itself to carry the load of upholding that decision.

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