Writing Briefs in Opposition to Cert Petitions

The most common kind of brief state attorneys file in the U.S. Supreme Court is a Brief in Opposition to a Petition for a Writ of Certiorari. Briefs in Opposition are unique documents both because of their audience (the Supreme Court Justices and their young clerks) and their goal (preventing a grant of discretionary review, not winning a case on its merits). As a result, writing a Brief in Opposition presents special challenges, particularly for state attorneys without a great deal of experience before the Court. This presentation will discuss how to write an effective Brief in Opposition — the tactical and strategic considerations; how best to structure the brief; and what the different sections of the brief should look like.

This webinar took place on April 6, 2017 at 2pm EDT. Since the webinar has already occurred, please note that CLE credits will not be available at this time.

Please find a copy of the PowerPoint here.

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