This is the first of a new and (hopefully) regular feature added to the blog. Link to Opinion Link to Oral Argument Thomas Majority Opinion When each Justice/Attorney Spoke
Author: Dr. Adam Feldman
Ph.D. University of Southern California, Political Science
J.D., University of California, Berkeley (Boalt Hall)
The First Batch of Decisions Each Term
Through the first thirty-five slip-opinions of the Supreme Court’s 2016 term there are notable similarities and differences from the Court’s prior terms. All decisions so far this term were determined by eight Justices or fewer as Justice Gorsuch has yet to sign on to a majority or separate slip-opinion (Beckles v. United States, for instance…
Easy Reading (By Supreme Court Standards)
Supreme Court briefs are team efforts usually with a main coordinating partner/attorney who is known as the “counsel of record.” Although the number of attorneys staffing briefs varies, at the Supreme Court level the number of attorneys listed on the brief is often more than five and can be upwards of ten. This does not…
Attorneys and Firms in the Supreme Court 2016
The Supreme Court wrapped up oral arguments for the 2016 term on April 26, 2017 with arguments in Sandoz Inc. v. Amgen and Maslenjak v. United States. These marked the 63rd and 64th arguments the Justices heard this term – down five from the 69 arguments the Justices heard a year prior. While the Court…
The Justices in Oral Arguments 2016
Supreme Court oral arguments are the only times that litigators directly and verbally interact with the Justices about pending cases. The scholarship on whether these arguments factor into decision outcomes is mixed with some suggesting that the Justices come into oral arguments with predefined views in most cases while others suggesting that a variety of…
How Justice Thomas’ Discontent Channels Justice Douglas
Over the past year the Supreme Court has in many ways lacked consistency. Its membership has changed, there was a long period of uncertainty as to the future ideological balance of the Court, and with this uncertain future the Court looked like it might make its first strong shift to the left since the Warren…
The New Normal: Justice Gorsuch’s First Week of Supreme Court Oral Arguments
In some ways, this was just another week for the Supreme Court. The Court released decisions with the Court’s right splitting with the Court’s left. Orders were set forth in many petitions pending before the Court. The Justices heard seven oral arguments. But there was a new voice in the proceedings. A voice that sought…
Justices, Tenure, and What to Expect Moving Forward
A ninth Justice sits on the Supreme Court today for oral arguments for the first time in over a year. Justice Gorsuch at 49 years of age has the potential to fill the seat previously occupied by Justice Scalia for years to come. Gorsuch is on the younger end of the age spectrum for Supreme…
Below the Surface of the Gorsuch Confirmation Hearings
Justice Gorsuch was confirmed to the Supreme Court after a relatively quick and seamless confirmation process. Much went into this process, however, and even though these hearings have become more or less a formality, they are a process that involves much preparation and an extensive time commitment. Justice Gorsuch’s answers to questions were prototypical of…
How Will Gorsuch Decide on Cases from the Supreme Court’s April Calendar?
Recently confirmed Supreme Court nominee Neil Gorsuch will be thrown into the middle of the 2017 oral argument season with the Court’s April hearings calendar beginning on April 17th. One of the first questions that has already generated speculation is how Gorsuch will rule on cases this Term. This post adds some insight into how…
Demystifying Differences Between this SCOTUS Confirmation and Others That Preceded It
The Supreme Court has a legacy as old as this nation (the Supreme Court Historical Society provides information about the Court’s history). History has been privy to various changes including the location of the Court which has shifted from New York to Philadelphia to Washington D.C. The Justices also ceased riding the circuits which took…
The Most Powerful Justices Across Time
Article III of the U.S. Constitution both limits the reach of the Supreme Court and at the same time gives the Justices great power. As the only branch of the federal government with life tenure, the judicial branch maneuvers oftentimes outside of public spotlight and so judges are not subject to the same public pressures…
Empirical SCOTUS 