Comparing Opinions in Montgomery v. Louisiana

In the second in a series of posts where I analyze recent opinions, I compare the majority and dissenting opinions in Montgomery v. Louisiana (No. 14-280).  The Court dealt with two questions in the case: Does the U.S. Supreme Court’s decision in Miller v. Alabama, which held that the Eighth Amendment prohibits mandatory sentencing schemes…

Amicus Briefs and Oral Arguments in the Roberts Court

Do the Justices and their clerks do their homework by reading and analyzing amicus briefs prior to oral arguments? In preparation for a larger project, I thought it would be interesting to probe this question (this also seems timely given Adam Liptak’s column in the New York Times on a recent study examining amicus briefs). …