Justices of the Supreme Court rarely give public comments on words or actions of members of the elected branches of the federal government. This made the recent spat between Chief Justice John Roberts and President Donald Trump, when the two intrinsically debated the role of partisanship in the federal judiciary, all the more surprising and…
The Strength of Precedent is in the Justices’ Actions, Not Words
During his Supreme Court confirmation hearings in 2005, now Chief Justice Roberts exposited, “Judges have to have the humility to recognize that they operate within a system of precedent shaped by other judges equally striving to live up to the judicial oath, and judges have to have modesty to be open in the decisional process…
Follow the Experts: Framing Petitions for Cert
What do Supreme Court experts do differently in their cert petitions? Some insights in this post
Breadcrumbs in a New Term
On November 6th, the Court released its first signed majority opinion of the term authored by Justice Ginsburg. This is Ginsburg’s third consecutive term as author of the Court’s first signed majority opinion. In a concise unanimous decision (8-0 since Kavanaugh did not participate), the Court in Mount Lemmon Fire District v. Guido held that…
With a Little Help from Academic Scholarship
Judges’ citations tell a lot about their dispositions. We can glean relationships between cases, judges’ perspectives on these cases, and judges’ relationships with other judges based on case citations. For this reason, empirical scholars have spent much time and energy analyzing judges’ citation patterns. A slew of Supreme Court researchers have written fascinating pieces about…
State Fault Lines That Might Lead to Big Cases Before the Supreme Court
The Court currently has 43 arguments scheduled for this term. For the most part, these cases will go under the radar. Even cases with large sets of amicus briefs, usually a good sign of generalized interest in cases, do not contain the same blockbuster quality as cases in recent terms. For example, amici filed nearly…
What to Expect From Kavanaugh’s 1st Term
The tense waiting is now over as Justice Kavanaugh was confirmed to the Supreme Court on October 6th 2018. One of the big stories following Kavanaugh though is his low rate of public approval. This low rate of approval was apparent soon after Kavanaugh was nominated. Not only this, but as the figure below shows, Kavanaugh was…
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…
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…
Supreme Court All-Stars 2013-2017
Success in the Supreme Court is hard to define because it can be viewed in a variety of ways. Few attorneys have the opportunity to try cases there and even fewer argue multiple cases. Part of success therefore is simply getting a case or cases to the Court. Once the Court agrees to hear a…
Will Kavanaugh’s Confirmation Hearings Provide Any Useful Information?
Supreme Court nominees’ confirmation hearings involve much dialogue between the nominees and senators. In two chaotic days of hearings for Judge Kavanaugh, we have seen a full spectrum of behavior from both sides of the aisle. Showboating aside, this is a genuinely important hearing for a crucial seat on the Court and hence emotions are running…
Without a Swing It’s Game Over for Democrats
The Democrats are in a precarious position in the latest battle for a seat on the Supreme Court. Many Democrats oppose Kavanaugh’s nomination and will not vote to confirm him. Others are requesting that the Senate hold off on voting on Kavanaugh’s confirmation until the National Archives produces the record setting million or so pages…
