The 2018 Supreme Court Term has taken many twists and turns, and there are still 20 decisions the Court has to release in its last week and a half of work before summer recess. Much may change between now and then, but with 55 cases already decided, we have unique and surprising patterns of decision-making among the justices. This is most apparent in the Court’s 5-4 (or 5-3) decisions, where one vote could shift a decision in a different direction.
Tag: Franchise Tax Board of California v. Hyatt
Which Supreme Court Cases Are Generating the Most Interest?
This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Kavanaugh. The justices often find consensus early on in a term and after a largescale change only later to define or redefine their jurisprudential boundaries….
Supreme Court Opinion Readability 2015
How easy are Supreme Court opinions to read? There is quite a bit of variation in the Court’s writings based on the case facts, Justice, clerks, majority coalition, and prior case law involved. Complicating this question further is the difficulty in measuring reading ease. As with measuring writing quality, there are subjective elements that even…
Still A Conservative Court
It’s a new day for the Supreme Court. We are in uncharted territory with this current Supreme Court vacancy with no end in sight. In some respect this has led to a liberal shift in the Court’s general demeanor – especially since this is the first time in decades that conservative Justices have not held a majority…
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…
Ideological or Individual Rifts: Justice Thomas at the Edge of the Court
There is and has been a clear ideological division between the more conservative and liberal Justices on the Court, especially in cases with high profile civil rights issues such as marriage equality. A not so often examined aspect of this fissure has to do with the cohesion of the individual voting blocs. For instance, Justice…