Rex Heinke Quoted by Law360 on Pending Decision in SCOTUS Disciplinary Case

Law360, for its article “High Court’s History With Rough Amici Could Save Foley Atty,” quoted Akin Gump Supreme Court and appellate practice co-head Rex Heinke on two potential determining factors in a pending disciplinary case in which the Supreme Court has ordered the lawyer for scientist Dr. Sigram Schindler to show cause why he should not be sanctioned for a petition, described as “unorthodox,” that he filed on his client’s behalf.

Heinke said that a similarity between the latest petition and previous amicus briefs could determine whether or not the lawyer will be sanctioned. He added that another key factor in the case could be the Court’s reaction to the argument that it approved similarly convoluted amicus briefs in the past, saying, “To the extent they’re arguing they filed similar and comparable things and the court has never objected to that, I could see the court saying, if they agree they’re comparable, ‘You’re now on notice and the bar is on notice that this is unacceptable.’”