The Interpretive Dance

In the Supreme Court’s first decision of the term, Hamer v. Neighborhood Housing Services of Chicago, Justice Ruth Bader Ginsburg cited language from the court’s 2010 decision in Magwood v. Patterson stipulating that “[w]e cannot replace the actual text with speculation as to Congress’ intent.” Indeed, as Justice Elena Kagan wrote in the 2015 decision Ross…

Slow & Steady

The Supreme Court is slowly plodding through the 2017 term. The court began the term at a historically sluggish pace, and although the justices have picked up the pace in certain areas, other signs point to the possibility that the court’s output this term will continue at the same rate. First, looking at the court’s…

BriefCatching 2017 Cert-Stage Filings

  Good writing quality is one of the greatest assets for attorneys practicing before any court.  While there is no universally accepted measure of good writing, software engineers are currently designing programs that measure writing quality in innovative and accurate ways.  In past, Empirical SCOTUS has employed off-the-shelf metrics for writing quality to compare filings…

When Opposites Attract Ideology Falls to the Wayside

Lots of noise is made about partisan and ideological divides on the Supreme Court.  There tends to be less hubbub surrounding instances when justices that traditionally divide ideologically, vote together. Such surprising coalitions formed in the majority and dissent for the Court’s decision in last week’s Patchak v. Zinke ruling.  Although this decision was met with only…