Will High Court Rule on Olson v. Larisa? And More from One First Street...

[WSJ_law_blog]

The main event of the High Court’s fall term — Monday’s oral argument in Wyeth v. Levine, the big preemption case — is still a week away. In the meantime, here are the latest happenings at One First Street.

Olson v. Larisa to the eleventh hour? Monday’s argument in Wyeth will likely attract more attention than the argument in Carcieri v. Kempthorne, the Indian land case that will also be heard on November 3.



Joseph Larisa (Steven Senne)


But the Law Blog will be watching. Why? Because, thanks to the BLT blog, we’ve taken an interest in the Carcieri sideshow: Ted Olson v. Joseph Larisa. Rhode Island’s governor and attorney general want Olson, the former solicitor general, Gibson Dunn partner and Scotus veteran to argue the case, while the town of Charlestown, where the disputed land sits, wants its lawyer, Joseph Larisa, who’s argued the case through the lower courts, to take the reins. The Court rejected motions for divided argument and the Court clerk’s office told them to settle the issue amongst themselves by Thursday. (Here’s past coverage.)

The latest: Yesterday, reports the BLT blog, Larisa filed a letter with the Court saying there appears to be no way the two sides can comply with the request to submit a single name by Thursday. As a result, Larisa has filed an emergency motion to reconsider the possibility of divided argument, which the Court will reportedly consider at Friday’s private conference. Referring to the original authors of the book Supreme Court Practice, Larisa told BLT: “They’re going to have to write a new paragraph in Stern and Gressman for this case.”



Joseffer joins Garre: Scotus blog reports that, according to DOJ sources, Solicitor General Greg Garre, who was nominated to the position after Paul Clement announced his resignation in May, has named Daryl Joseffer as his deputy. Prior to joining the SG’s office, Joseffer was a partner at Kirkland & Ellis.