What the Justices Cited in OT 2018

During the 2018 term, the Supreme Court heard 67 oral arguments leading to decisions. The justices’ opinions cited briefs filed in these cases and law articles approximately 601 times. These citations were from a total of approximately 330 briefs and articles.  The citations were primarily clustered in certain cases. For instance, 30 cases or about…

261 Days to Gundy

Gundy v. United States was argued back on October 2, 2018. Since it was decided today, it took the justices 261 days since oral argument to render a judgment in the case. The main question in the case was whether the federal Sex Offender Registration and Notification Act’s (SORNA) delegation of authority to the attorney general…

A Wild Ride of a Term with Twenty Decisions Still to Go

The 2018 Supreme Court Term has taken many twists and turns, and there are still 20 decisions the Court has to release in its last week and a half of work before summer recess. Much may change between now and then, but with 55 cases already decided, we have unique and surprising patterns of decision-making among the justices.  This is most apparent in the Court’s 5-4 (or 5-3) decisions, where one vote could shift a decision in a different direction.  

Where We Stand at the Beginning of June

The Supreme Court released 44 slip opinions through the end of May of the current 2018 Supreme Court term (43 if we subtract our Emulex which the Court dismissed as improvidently granted).  The majority of the decisions have been unanimous although a fair number were decided by 5-4 votes. Here is the count data for…

Thomas Authors Home Depot v. Jackson

Justice Thomas authored the majority opinion in Home Depot v. Jackson released this morning. There are several facets of this decision that are worth noting.  It was a 5-4 decision with the more liberal justices — Ginsburg, Sotomayor, Kagan, and Breyer — in the majority and the other more conservative justices — Roberts, Alito, Gorsuch,…

So Happy Together

With many anticipated decisions still to come in the next month or so, the Supreme Court has already started to define itself in the post-Kennedy era.  Certain patterns have emerged in the justices’ voting that distinguish this Court from past Courts. We are also beginning to see how the newest justices and Trump appointees —…

Competition to Speak During 2018 Supreme Court Oral Arguments

Oral arguments for the 2018 term are now complete. In a term where we have the potential to see heightened polarization on the Court like never before, oral arguments are impacted as well.  One indicator of this harkens back to the previous term where all 5-4 decisions made across ideological lines ended in conservative victories.  So…

Is Kavanaugh as Conservative as Expected?

On Monday April 1, 2019 the Supreme Court decided the case Bucklew v. Precythe with the five conservative justices in the majority and the four liberals in dissent. To some including legal scholar and CNN analyst Steve Vladeck, this ruling ushered in a new conservative Court without the moderating anchor of Justice Kennedy.  Going even…

Which Supreme Court Cases Are Generating the Most Interest?

This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Kavanaugh.  The justices often find consensus early on in a term and after a largescale change only later to define or redefine their jurisprudential boundaries….

Breadcrumbs in a New Term

On November 6th, the Court released its first signed majority opinion of the term authored by Justice Ginsburg.  This is Ginsburg’s third consecutive term as author of the Court’s first signed majority opinion.  In a concise unanimous decision (8-0 since Kavanaugh did not participate), the Court in Mount Lemmon Fire District v. Guido held that…

What to Expect From Kavanaugh’s 1st Term

The tense waiting is now over as Justice Kavanaugh was confirmed to the Supreme Court on October 6th 2018.  One of the big stories following Kavanaugh though is his low rate of public approval.  This low rate of approval was apparent soon after Kavanaugh was nominated.  Not only this, but as the figure below shows, Kavanaugh was…