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Advisory Opinions

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The Importance of Circuit Split and Error Correcting Cases

The Supreme Court doesn't weigh importance all that significantly in deciding what cases to hear. Sometimes you can have a case where you have a relatively thin circuit conflict, but a very strong argument that the lower court got it wrong. One of the first Supreme Court cases I argued in the Supreme Court involved literally $150. The court isn't equipped with the data to make that determination definitively, particularly when it's acting very quickly at the cert stage.

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