Expect Kavanaugh To Shift the Court Right. How Far No One Knows.

The discussion over who will fill the Supreme Court vacancy has dominated much of the political conversation since Justice Kennedy announced his retirement from the Supreme Court on June 27.  Last night, Judge Brett Kavanaugh, an obvious choice and the one I predicted in December 2017, was announced as nominee.  When Kennedy’s retirement rumors previously circulated,…

The Five Frontrunners

With less than one week left until President Trump announces his nominee to fill the second SCOTUS vacancy since he took office, not all names are getting equal attention.  President Trump indicated the other day that he narrowed down his initial list to five finalists.  While all members on this whittled down list are not known, a few judges…

Judicial Politics, Roberts’ Dilemma, and One Crazy Term

This Supreme Court term was nerve racking for some conservatives (mainly unwarranted), most liberals (with good reason), and probably for some of the justices too, and yet all for different rationales. Below I’ll go through what may have caused this tension and why members of these three groups might have felt it. Before the Court’s…

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…

One Opinion More Complex Than the Next

The Supreme Court finally appears decently situated to complete its decision making for the term.  Some holdups are still in play including the long since argued case of Gill v. Whitford.  Gill was argued 255 days from the next possible opinion release date of June 14, 2018.  Only 10 cases have taken longer to decide…

A Seismic Shift?

It seems out of a script by the writers of the film Groundhog Day.  At the end of the term each year Court watchers await the impending retirement of a justice.  Stories break in the months before June trying to sort through the imperfect information concerning such retirement plans. In recent years, speculation of an…

Attorneys and Firms for the 2017 Term

The current term at the Supreme Court has been anything but ordinary.  With two argued cases already ruled moot the justices are down to 61 argued cases for possible signed decisions. This would tie last term for the fewest signed decisions in the modern Court era.  Not only are the cases few and far between,…

Retirement Plan Blues

It is that time of year again. As we near the end of the Supreme Court term, we are experiencing another round of prognostications on whether Justice Kennedy will retire leaving another vacancy for the Trump Administration to fill (last year’s take on the possibility of Kennedy’s retirement can be found here).  About this time of…

The State of the States Before the Supreme Court

Rather than originating from a federal court of appeal like the majority of cases before the Supreme Court, the most discussed case of this term came from a state court.  Masterpiece Cakeshop was petitioned to the Supreme Court after a decision from the Colorado Court of Appeals and Colorado’s Solicitor General, Frederick Yarger, handled the argument for…

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…

Out of Steam or Out of Time

For those following the Supreme Court, the notion that the Court is moving slowly this term has already been reiterated multiple times.  The first clear notion of the Court’s historically slow pace came with the timing of the Court’s second signed decision which was the modern Court’s latest second opinion released in a term.  Other analyses…