How the Court’s Decisions Limit the National Electorate

This post looks at the Supreme Court’s election law jurisprudence under the Roberts Court.  Supreme Court opinions and applications were searched from 2005 through the present for the term “election.” All cases were examined and any that related to elections or voting procedures were maintained in the dataset.  Cases were broken down across several issues…

Amy Coney Barrett’s First Day of Oral Arguments

The Supreme Court is now at full force with nine justices sitting in on oral arguments. Justice Barrett had her first day of arguments yesterday participating in both Salinas v. Railroad Retirement Bd. and United States Fish and Wildlife Serv. v. Sierra Club, Inc. Barrett’s first day of oral arguments was different from that of…

Judge Amy Coney Barrett Case Dataset

The 622 decisions listed below comprise the set of opinions Judge Barrett’s name is listed on during her stint on the Seventh Circuit Court of Appeals. Scroll to the right in the dataset to view all of the variables. The variables that may need some additional information include: Vote: What was Barrett’s vote in the…

A Comprehensive Look at Judge Amy Coney Barrett

Judge Amy Coney Barrett, now Supreme Court nominee, has followed a well-worn path of justices before her.  President Trump nominated her to the Seventh Circuit U.S. Court of Appeals on November 2, 2017. She was then nominated to the Supreme Court, just under three years later, on September 26, 2020.  Chief Justice Roberts, nominated by…

Judicial Nominee Whisperer

I’m going to take this opportunity to say that understanding a bit about Trump’s nomination strategy goes a long way to understanding who he will select to the Supreme Court. Applying various methods across three articles I predicted each pick well in advance of the nominations; in fact, in increasing time lengths from the nominations as well.

Justice Ginsburg Leaves a Lasting Legacy on the Court

In news that probably shouldn’t have been shocking given her health but surprised many nonetheless, Justice Ruth Bader Ginsburg passed away yesterday from complications from pancreatic cancer.  Lots of heartfelt eulogies made their way across the internet in the minutes and hours that followed Justice Ginsburg’s death.  Within hours of the news of Ginsburg’s passing,…

RBG’s Departure Might Look A Lot Like Thurgood Marshall’s

Justice Ginsburg has had quite a few health scares over the past little over a decade. She was diagnosed with pancreatic cancer in 2009 and subsequently resisted pressure to retire from the Court under Obama’s administration.  With multiple hospital stays this year and a recurrence of her pancreatic cancer, many question how long she will…

Clear Polarization in Second Level Supreme Court Decision Making

Over the past five Supreme Court Terms the justices have issued 157 separate opinions from Court orders. These are cases that are not orally argued and do not receive full merits consideration. We do not necessarily know all the justices votes in these cases – only the ones the justices made public through signing onto separate opinions. Of these 157 opinions, only two include at least one conservative and one liberal justice signed onto the same opinion. Both are dissents from Justices Gorsuch and Sotomayor in criminal cases. The other 155 separate opinions split the justices ideologically or are solo authored. The spotlight on the Court’s polarization could not be clearer.

SCOTUSBlog Final Stat Pack OT 2019

The Court released its final merits decisions for the 2019 term on Thursday 7/9/2020. We released the Stat Pack the following day which includes a bevy of statistical analyses tracking the decisions from this past term. The accompanying post begins: A Supreme Court term unlike any other has finally come to an end. In March,…

Precedent: Which Justices Practice What They Preach

While Supreme Court Justices are by no means bound by their past decisions, the Court often respects its past decisions for a variety of reasons. The reasons given for adhering the Court’s past precedents are often across between cases. Justice Kagan offered her interpretation for remaining faithful to precedent in dissent in last term’s Knick…

Interesting Meetings of the Minds of Supreme Court Justices

Unanimity in the Supreme Court used to be the norm. In the early Supreme Court there were few dissents and so there was little opportunity to see differences between the justices’ views outside of how they authored their majority opinions. This practice has changed over the years as now decisions are more frequently divided rather…