A New Era in SCOTUS Textualism

Legal interpretation begins with a legal text. At least in theory it does.  While in practice this is not always the case, textualism has become synonymous with conservatism in recent Court eras primarily due to Justice Scalia’s reliance on the language of statutory texts.  In practice, a textualist approach is not limited by judicial ideology and…

SCOTUS Scorecard 2015/2016 Pt. 1: Experience is Key

Now that the 2015 Supreme Court is complete, it is a perfect time to inspect the case outcomes.  My previous post examined the winning attorneys from each oral argument.  Many of the attorneys involved are from a small division of firms and groups focused on Supreme Court practice (or from larger firms  with specialized appellate practices) and are…

Cert Winners 2014: Attorneys and Firms

Thinking of submitting a case to the Supreme Court? Most likely not.  If so, be prepared to have your case rejected.  The Supreme Court is extremely selective about the cases it hears typically only taking cases with circuit splits, of great importance, and with issues that have sufficiently percolated through the lower courts.  The majority…

Top Briefs in Friedrichs v. CA Teachers Assn.

(image from Dover Teachers’ Union) With 48 amicus curiae briefs filed at the merits phase and a total of 57 amicus briefs filed throughout the case, Friedrichs v. California Teachers Association (No. 14-915) has drawn much interest both from the public and from the policy community. It also provides the fodder I was looking for…