Developing the Court’s Precedent 2016

Through the course of a single term, the Supreme Court went from a “boring” eight member body to one apparently itching to take on polarizing political issues.  This transformation took place in the Court’s first full term without Justice Scalia since 1986.  Some (including Justice Breyer) speculated that Scalia’s absence would have a large impact…

The Road to Zubik, Incoherence, and Indecision

Today the Court avoided ruling on the merits in Zubik v. Burwell, a case pitting religious beliefs against government healthcare mandates, by sending the case back down to the lower courts with a per-curiam opinion.  This was one of the most anticipated rulings of the Term and so this decision is perceived as a letdown for…