Opinions Say What?

One could make a colorable argument that SCOTUS cases decided by one vote are the most important decisions of the Court. One could also argue that unanimous opinions are either the most or least important decisions. Unanimous decisions require the cohesion of all of the justices from both sides of the ideological aisle. With such…

SCOTUS Petitions and Cases I’m Awaiting

The main mechanism by which parties send their cases to the Supreme Court for review is by cert petitions. With around 8,000 petitions each year from which the justices choose around 60-70 to hear on oral argument, the Court needs to find ways to quickly determine the most worthy cases. One of the ways the…

Many SCOTUS Friends with Ideological Interests in OT 2021

Less than one month ago the Supreme Court released its decision in the case of Dobbs v. Jackson Women’s Health overturning 50 years of precedent protecting the right to an abortion. 133 amicus curiae filed friend of the Court briefs on behalf of both sides of this issue. This represents the most amicus briefs filed…

6-3 is the new SCOTUS 5-4

What this means? The Court’s most common split vote this term was six justices in the majority and three justices in dissent. The most frequent six justices in the majority were the Court’s conservative justices and the most frequent in the dissent were the three liberal justices. Why this matters? The Court’s biggest cases came…

End of OT 2021 Hot Takes

Now that the term is over, what can we make of it? Was it really as bad for Justices Breyer, Kagan, and Sotomayor as some make it out to be? In some sense definitely. They were in dissent together in the biggest cases of the term — New York State Rifle & Pistol Association Inc….

Justice Breyer: Just the Facts

With Justice Breyer’s retirement tomorrow here are some facts about the justice and his career on and before joining the Court: He was the 22nd longest serving justice at 28 years on the Court (Douglas was longest serving at 36 years). Was nominated at 55 by President Clinton in 1994 Had a well-qualified rating from…

What will the Roberts Court’s most lasting legacy be?

After the Court overruled Roe v. Wade with the Dobbs decision many people would likely answer that the Roberts Court’s lasting legacy will be doing away with a constitutional right to an abortion. Looking at individual decisions though, the Roberts Court has structurally changed quite a bit of policy with landmark decisions in areas such…

Comparing The Draft and Final Opinions in Dobbs

The official opinion in Dobbs v. Jackson Women’s Health was released this morning.  According to Jake Truscott it was the third-longest Supreme Court opinion since 1946 and the longest of this term by over 10,000 words (the second-longest so far was the NY Rifle opinion released two days prior).  When Politico released the draft opinion…

Supreme Court End of Term Cheat Sheet

As the Supreme Court completes the final leg of the 2022 Term here is what we know and what we can expect as the justices grapple with cases surrounding several topics important to many Americans. This morning CNN released an article delving into these topics. (1) Here are the decisions released so far this month…

Ten Decisions (and One DIG) in June

Gorsuch and the Liberals The Supreme Court released five decisions on Monday with five more (and a DIG) coming out on Wednesday. These did not include the highly publicized decisions on guns, abortion, or border policy. The decision in Denezpi v. United States struck me as interesting based on the composition of the dissent with…

The Importance of Egbert v. Boule

The Court’s latest decision came on Wednesday when the justices ruled in Egbert v. Boule. 29 decisions remain before the end of the term. Why is this decision important? The case has quite far reaching implications by further limiting the scope of Bivens claims (this Court has already constrained Bivens application in previous decisions) against…