Even Best Friends Sometimes Disagree

Supreme Court Justices voting practices are fairly predictable.  For instance, most decisions are unanimous. Since the longest serving justice on the Court, Justice Thomas joined the Court in 1991 42.65% of argued cases have returned unanimous votes.  The Court also tends to reverse lower court decisions. The justices voted to reverse the lower court decision…

Roberts Court Jurisprudence: What Was and What Will Come

What is the Supreme Court’s most important work? Although peoples’ answers may vary, one of the Court’s most important outputs is its opinion language. Through its precedent, the Court develops standards for people to follow and for lower courts to articulate in subsequent decisions. Precedent guides decision making from the top down and affects outcomes…

Ten Decisions (and One DIG) in June

Gorsuch and the Liberals The Supreme Court released five decisions on Monday with five more (and a DIG) coming out on Wednesday. These did not include the highly publicized decisions on guns, abortion, or border policy. The decision in Denezpi v. United States struck me as interesting based on the composition of the dissent with…

Supreme Workhorses

A common refrain lately within circles interested in the Supreme Court has to do with the Court’s diminishing (or diminished) workload.  The Court clearly has taken fewer cases in recent years than it did farther in the past. The 53 signed opinions by the Court for the 2019 term marked the lowest opinion total in…

About this Term: OT 2019

Even though not all briefs are filed in cases that will be argued before the Supreme Court this term, the interest level in the Court’s cases is at an apex.  There was a lot of hype leading into this term, as it is the first where all nine sitting justices have at least a term…

A New Term With Plenty of Hype

This is going to be a big year in front of the Supreme Court. Likely with more fireworks than the last few. Since Justice Scalia passed away during the 2015 Supreme Court Term, the Court has been in an adjustment period. There was the long stint without a ninth justice. Justice Gorsuch was finally confirmed at the tail end of the 2016 term. At the end of his first full term in 2017 Justice Kennedy announced his retirement. This past term was Kavanaugh’s first term on the Court.