Justice Breyer’s Legacy In Numbers

Much of the Supreme Court landscape has changed since Justice Breyer joined the Supreme Court in 1994.  Breyer is currently the second longest-tenured justice on the Court after Justice Thomas. The ideological balance has changed from a 5-4 conservative/liberal composition with the occasional swing vote from Justice Kennedy in the middle.  With the three Trump-appointed…

Does the Supreme Court React to Congressional Preferences?

In the 2019 case United States v. Davis, Justice Gorsuch began with an important statement regarding constitutional statutes. Gorsuch wrote, “In our constitutional order, a vague law is no law at all. Only the people’s elected representatives in Congress have the power to write new federal criminal laws. And when Congress exercises that power, it…

The Ideological Status-Quo in Supreme Court COVID-19 Litigation

The Court has decided 16 cases on emergency application related to the COVID-19 restrictions with obvious battle lines drawn between the justices (the 16 cases is after removing cases that appeared before the Court twice).  The Court’s newest appointee, Justice Barrett, helped establish herself on the Court’s right with her first opinion in the COVID…

The Court’s Decision Making Through January 2021

The addition of three justices in four years under President Donald Trump along with a year of Covid-19 has slowed the Supreme Court’s business. So far this term, we can note that the Court is in the midst of a downturn in terms of the number of opinions it decides by the end of January…

A New Look at Who’s Activist and Restrained on the Court

This country’s founders could not have anticipated the current power of the federal judiciary. Alexander Hamilton wrote to this effect in Federalist Paper #78, “The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take…

How the Court’s Decisions Limit the National Electorate

This post looks at the Supreme Court’s election law jurisprudence under the Roberts Court.  Supreme Court opinions and applications were searched from 2005 through the present for the term “election.” All cases were examined and any that related to elections or voting procedures were maintained in the dataset.  Cases were broken down across several issues…

Amy Coney Barrett’s First Day of Oral Arguments

The Supreme Court is now at full force with nine justices sitting in on oral arguments. Justice Barrett had her first day of arguments yesterday participating in both Salinas v. Railroad Retirement Bd. and United States Fish and Wildlife Serv. v. Sierra Club, Inc. Barrett’s first day of oral arguments was different from that of…

A Comprehensive Look at Judge Amy Coney Barrett

Judge Amy Coney Barrett, now Supreme Court nominee, has followed a well-worn path of justices before her.  President Trump nominated her to the Seventh Circuit U.S. Court of Appeals on November 2, 2017. She was then nominated to the Supreme Court, just under three years later, on September 26, 2020.  Chief Justice Roberts, nominated by…

Judicial Nominee Whisperer

I’m going to take this opportunity to say that understanding a bit about Trump’s nomination strategy goes a long way to understanding who he will select to the Supreme Court. Applying various methods across three articles I predicted each pick well in advance of the nominations; in fact, in increasing time lengths from the nominations as well.

Justice Ginsburg Leaves a Lasting Legacy on the Court

In news that probably shouldn’t have been shocking given her health but surprised many nonetheless, Justice Ruth Bader Ginsburg passed away yesterday from complications from pancreatic cancer.  Lots of heartfelt eulogies made their way across the internet in the minutes and hours that followed Justice Ginsburg’s death.  Within hours of the news of Ginsburg’s passing,…

RBG’s Departure Might Look A Lot Like Thurgood Marshall’s

Justice Ginsburg has had quite a few health scares over the past little over a decade. She was diagnosed with pancreatic cancer in 2009 and subsequently resisted pressure to retire from the Court under Obama’s administration.  With multiple hospital stays this year and a recurrence of her pancreatic cancer, many question how long she will…