A Little Change Will Do You Good: Oral Argument Interruptions 2017

Although female justices have only served on the Supreme Court since 1981, a relatively short slice of the Court’s history, gender imbalances have existed in oral argument interruptions for many years with female justices bearing the brunt of them. These imbalances were identified in a blog post on Empirical SCOTUS with subsequent commentary from Stephanie…

Getting Rid of those Amicus Blues

Good writing makes a world of difference in appellate practice.  In an era where some scholars question whether oral arguments have very much utility, briefs, and especially amicus briefs, are thought to play a unique role in Supreme Court decision making.  The Court receives briefs in large numbers, with amicus briefs leading the way.  Cases with broad national repercussions may garner…

Judicial Politics, Roberts’ Dilemma, and One Crazy Term

This Supreme Court term was nerve racking for some conservatives (mainly unwarranted), most liberals (with good reason), and probably for some of the justices too, and yet all for different rationales. Below I’ll go through what may have caused this tension and why members of these three groups might have felt it. Before the Court’s…

Don’t Cite Me Like That

An interesting debate was reignited by the Chief Justice’s majority opinion in Minnesota Voter’s Alliance v. Mansky. This debate surrounds the effect of oral arguments, if any, on the justices’ decisions.  Here is one of the sections from Roberts’ majority opinion in that case that refers to oral arguments. In this example, as is the case…

One Opinion More Complex Than the Next

The Supreme Court finally appears decently situated to complete its decision making for the term.  Some holdups are still in play including the long since argued case of Gill v. Whitford.  Gill was argued 255 days from the next possible opinion release date of June 14, 2018.  Only 10 cases have taken longer to decide…

Attorneys and Firms for the 2017 Term

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,…

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…

Not All Appeals Are Equal

Every year the lawyer research and ranking company Chambers & Partners (sometimes mentioned as C&P herein) puts out a list of top appellate lawyers and firms (in a previous post I looked at some of the listed firms’ cert performance). Chambers uses a mix of qualitative and quantitative methodology to come up with its various…

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…