The Wide Arc of the Supreme Court

The Supreme Court now hears around 70 arguments a term and each case tends to have issues unique from others on the Court’s docket.  After the Court’s merits docket is assembled each term though, similarities between cases become apparent and these similarities may present an area of law where the Court is more invested and…

Looking Back to Make Sense of the Court’s (Relatively) Light Workload

There have been interesting discussions as of late regarding the Supreme Court’s light workload and how it is getting even lighter.  Evidence of this decline can be found in quantitative analyses of the Supreme Court’s work.  It is a not a subject addressed by any member of the Court.  The Chief Justice, for example, did mention…

Who’s on the Case: Successful Cert Petitions 2017

The Supreme Court has its calendar set through January 2018 with ten cases already accepted for argument that are as of yet unscheduled.  The total number of case grants so far is 53, and with consolidated cases this will lead to 47 arguments.  This puts the Court on pace for one of the slowest grant rates…

Fast Out of the Gates (SCOTUS’ October 2017 Oral Arguments)

On October 2nd, the Supreme Court will be back in session with the first oral arguments of 2017.  Since Justice Scalia passed away in February 2016 the justices have taken a light caseload and generally have not heard cases that would lead to great rifts among themselves.  This non-divisive set of cases during the 2016…

Petitions to Watch For From SCOTUS’ Long Conference

Each October before the Supreme Court begins its term, the justices meet for the “long conference” to review the Court’s agenda.  The justice held this conference for the upcoming term two days ago on September 25th.  During this conference the justices meet to discuss petitions to the Court for the upcoming term.  This is the…

The Court’s Recent Lack of Support for the Federal Government’s Agenda

This is the first of a series of two posts examining the federal government’s litigation in the Supreme Court. While this post looks at the last several terms of government litigation, the next will analyze the government’s upcoming cases.   The federal government, through the Office of the Solicitor General (OSG), is the most frequent…

The Year of the Patent

Possibly due to its eight Justice configuration, the Supreme Court heard a unique slate of cases this term with no noted landmark cases or decisions.  Then again perhaps landmark is in the eye of the beholder.  This term the Supreme Court heard six patent cases which conceivably is the most such cases the Supreme Court has heard…

The Supreme Court and the Next Generation of Executive Power Cases

Over the past several months an entirely new class of executive power-related concerns have percolated through the national media and have begun burgeoning in federal courts.  Prior to the election of President-Elect Trump, few knew about the Emoluments Clause in the Constitution and how it could be violated.  Just this morning Trump’s comments on Twitter…

Breaking Down Arguments in Samsung v. Apple

On Tuesday the Justices heard oral arguments in the highly anticipated patent case, Samsung v. Apple.  With this case, the Justices wrestled with the question of whether Samsung infringed on Apple’s front screen and interface on the IPhone. The stakes are quite high as the appellate court upheld a $400-million verdict against Samsung. While patent…