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…

Some More About This Term

This short post contains data about the questions the Supreme Court seeks to resolve this term. It contains a chart of the most frequent words in the questions after common English words like “the,” “and,” and “of” and words with two or fewer characters were eliminated. Next is a chart of the top two or…

About this Term: OT 2019

Even though not all briefs are filed in cases that will be argued before the Supreme Court this term, the interest level in the Court’s cases is at an apex.  There was a lot of hype leading into this term, as it is the first where all nine sitting justices have at least a term…

How Chief Justice Roberts Articulates His Ethos Through His Year End Reports

Chief Justice John Roberts released an impassioned Year End Report on December 31, 2019, which generated much commentary.  The New York Times, for instance wrote about the Chief Justice’s calls for an independent federal judiciary.  The Wall Street Journal examined Justice Roberts’ warnings against rumor and false information.  These values inherent in the Chief’s report…

The Beginning of the 2019 Term and How It Stacks Up

June is traditionally the month when the public focuses on the Supreme Court.  On this note, many of the Court’s most prolific and politically tinged decisions in recent years were rendered in previous Junes. These include Rucho v. Common Cause and Department of Commerce v. New York (the census case) last term, Janus v. State, County, and…

Is Oral Argument Talking Time All It’s Cut Out to Be?

Supreme Court oral arguments are not all what they seem. While at first blush they may appear to be an opportunity for attorneys to make their arguments before the judges, they often become instances for the justices to test out their theories of a given case and to gauge other justices’ positions on given topics….

The Singular Relationship Between the D.C. Circuit and the Supreme Court

With the Supreme Court term about to begin many eyes will be on a small handful of cases. The interest in these cases generally surrounds certain salient case issues. In this respect this term has a lot to offer. The Court will review the federal government’s Deferred Action for Childhood Arrivals (DACA) policy. It will look at the constitutionality…

A New Term With Plenty of Hype

This is going to be a big year in front of the Supreme Court. Likely with more fireworks than the last few. Since Justice Scalia passed away during the 2015 Supreme Court Term, the Court has been in an adjustment period. There was the long stint without a ninth justice. Justice Gorsuch was finally confirmed at the tail end of the 2016 term. At the end of his first full term in 2017 Justice Kennedy announced his retirement. This past term was Kavanaugh’s first term on the Court.