The Court’s opinions have been sliced, diced, and dissected in various fashions over the years as scholars and practitioners look for overt and latent meanings in the Court’s texts. An object of study has often been the dissenting opinion. The dissent is an interesting point of focus because both because of its purpose and its…
Month: February 2018
Amicus Policy Success in Impactful Supreme Court Decisions
Perhaps the biggest development in the modern Supreme Court alongside the great discretion the justices now have in dictating the cases they hear is the role of interest groups. Over the past several decades the Supreme Court has increasingly become the forum for such groups and their attempts at persuasion; the object of persuasion being…
Supreme Court Movers and Shakers (Attorneys and Justices)
The consequences of certain decisions have repercussions far beyond those that affect the immediate cases. While this is an indisputable aspect of decisions from courts of last resort, prognosticating the potential consequences of decisions is an art fraught with questionable inferences. In a series of decisions the Supreme Court has a substantial policy impact. These…
A Chicken and Egg Problem
One of the more difficult questions facing Supreme Court scholars is trying to decipher the impact of the litigants. Given the secrecy with which the Supreme Court conducts the majority of its business, any effort towards understanding the decision making process is inevitably met with frustration. The most recent insight we have into any of…
Empirical SCOTUS 