The Clerk’s Office is providing guidance to clarify the criteria for allowable and unallowable counsel scheduling conflicts with upcoming oral argument sessions. The provided list is neither dispositive nor exhaustive, and the Clerk’s Office reviews each submission in its entirety. However, this guidance applies to most conflicts received, and it aims to provide helpful information regarding acceptable scheduling conflicts.
The Clerk’s Office reviews identified conflicts to determine whether they are allowable for good cause, or unallowable for lack of good cause. The key requirements for “good cause” are (1) certainty, meaning the conflict is already scheduled rather than suspected or in planning stages, (2) specificity, meaning the Clerk’s Office will not accept generalized conflicts with no elaboration, and (3) strong basis, meaning that the conflict is one that provides a strong reason for being unable to attend oral argument and that the conflict cannot be easily resolved or rescheduled.
For detailed questions about the scheduling conflict review process or rejected conflict dates, please contact the Clerk’s Office at 202-275-8035 during normal business operating hours.
The full guidance is available on the court’s website (pdf).