The Hottest Bench in Town

The practice of Supreme Court oral arguments has changed dramatically over time. Once multi-day events, Supreme Court oral arguments now typically take place in a one hour time span, only with some exceptions granted by the justices.  Not only has the time allotted to arguments changed but so has the justices’ engagement.  This increased engagement has…

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…

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…

A Shift in Oral Arguments: An Update

I recently wrote a post where I looked at Justice Scalia’s final ten oral arguments and compared them to the first ten oral arguments after his death.  There have been several oral arguments since then and with the data from those arguments I am able to expand the timeframe of that analysis.  In this post I examine…

Justice Sotomayor Shaking Up Post-Scalia Oral Arguments

f (image via Los Angeles Times) It has been over a month since Justice Scalia, one of the most engaged Justices in oral arguments since he was confirmed to the Court in 1986, passed away on February 13, 2016.  For all of the commentary surrounding his passing and on the questions surrounding the process of…

Atypical Oral Arguments In Puerto Rico v. Franklin CA Trust

On Tuesday the Court heard arguments in Puerto Rico v. Franklin Cal. Tax-Free Trust a case that examines whether Congress precluded Puerto Rico from the ability to restructure its public utility debt. Specifically the case looks at whether Chapter 9 of the Bankruptcy Code applies to Puerto Rico.  Much of the case and the arguments…

Analysis of the Zubik Arguments

What was said over the course of the 90 minute the oral arguments today in Zubik? Quite a bit. Commentators seem to think the Justices may split their votes four to four (e.g. Adam Liptak from the New York Times) with the Justices predominately to the right: Kennedy, Alito, Thomas, and Roberts voting that the…

Oral Arguments in Nichols v. United States

Federal laws for registered sex offenders are designed to be clear – under the Sexual Offender Registration and Notification Act (SORNA) if you are on this list and you move residences you need to update your residency.  And yet, what happens if you leave the United States? SORNA does not specify.  This is the issue…

Forecasting Votes in Hellerstedt

On March 2nd, the Court heard oral arguments in perhaps the most publicized case of the Term – Whole Woman’s Health v. Hellerstedt (No. 15-274).  The case brings into question Texas’ new controversial law limiting who can perform abortions. Prior to oral arguments expectations were already high that the Justices would split along ideological lines…