Attorneys in the Clutch

Earlier this year I ran a blog post on the most powerful justices across time, which focused on their decisions in cases with single vote margin majorities.  That post accounted for the decision makers, but it did not consider the attorneys whose arguments factor into the justices’ decision calculi.  This post takes a look at…

The Justices’ Stances in United States v. Texas

The United States government represented by the Solicitor General is the most frequent party before the U.S. Supreme Court.  These regular appearances will be quite pronounced over the next two weeks.  The Supreme Court hears oral arguments in ten more cases before the end of the Term, and a representative from the Office of the Solicitor…

A Busy Year at the OSG

The United States Office of the Solicitor General (OSG) within the U.S. Department of Justice has its hands full with Supreme Court litigation.  Granted, “busy” is a relative term as the OSG has had fewer Supreme Court filings this Term than it has since 2010 (which will almost assuredly still be the case at the end…

The Regulars: Supreme Court Litigation 2015-2016

  Since 2001 the Supreme Court has written full opinions in 67-75 orally argued cases per Term.  We are certain not to see more than 75 this Term and nowhere near the 151 such cases in the 1982 and 1983 Terms, which were high points for the second half of the 20th century.  With fewer cases,…

Analysis of the Zubik Arguments

What was said over the course of the 90 minute the oral arguments today in Zubik? Quite a bit. Commentators seem to think the Justices may split their votes four to four (e.g. Adam Liptak from the New York Times) with the Justices predominately to the right: Kennedy, Alito, Thomas, and Roberts voting that the…