The current term at the Supreme Court has been anything but ordinary. With two argued cases already ruled moot the justices are down to 61 argued cases for possible signed decisions. This would tie last term for the fewest signed decisions in the modern Court era. Not only are the cases few and far between,…
Month: May 2018
Retirement Plan Blues
It is that time of year again. As we near the end of the Supreme Court term, we are experiencing another round of prognostications on whether Justice Kennedy will retire leaving another vacancy for the Trump Administration to fill (last year’s take on the possibility of Kennedy’s retirement can be found here). About this time of…
The State of the States Before the Supreme Court
Rather than originating from a federal court of appeal like the majority of cases before the Supreme Court, the most discussed case of this term came from a state court. Masterpiece Cakeshop was petitioned to the Supreme Court after a decision from the Colorado Court of Appeals and Colorado’s Solicitor General, Frederick Yarger, handled the argument for…
Even with Five Decisions Today the Court is Still Setting Records for its Slow Pace
Today marks the 225th day of the 2017 Supreme Court term. The Court compensated for a slow term so far with five new decisions. Even with decisions in cases Murphy v. NCAA, Dahda v. United States, Byrd v. United States, United States v. Sanchez-Gomez, and McCoy v. Louisiana, the Court is still behind its output every other…
Slicing and Dicing the Court’s 2017 Oral Arguments
While the Supreme Court is lagging in releasing its decisions this term, the justices wrapped up hearing oral arguments almost a month ago. The justices heard 63 oral arguments between October 2017 and April 2018. Within that block of time many expectations were reaffirmed while several new paths were blazed. Aside from those who sit…
Out of Steam or Out of Time
For those following the Supreme Court, the notion that the Court is moving slowly this term has already been reiterated multiple times. The first clear notion of the Court’s historically slow pace came with the timing of the Court’s second signed decision which was the modern Court’s latest second opinion released in a term. Other analyses…