Locating Weak Causal Strands in the Justices’ Opinions

In the introduction to the eye opening work on the Supreme Court certiorari process Deciding to Decide, author H.W. Perry summarizes the Court’s lack of institutional transparency. Perry wrote, “Although some rules are published, most of the internal procedures are by consensus, are unpublished, and are frequently unknown” (p. 17). Perry goes on, “We on…

Things We Haven’t Seen Before at the Outset of a Roberts Court Term

Justice Ruth Bader Ginsburg is traditionally one of the most active justices at the beginning of each term. It should come as no surprise therefore that she authored three of the Court’s first 13 decisions for the 2019 Supreme Court term . She tends to have the backing of the Court in these early term decisions…