State Fault Lines That Might Lead to Big Cases Before the Supreme Court

The Court currently has 43 arguments scheduled for this term.  For the most part, these cases will go under the radar. Even cases with large sets of amicus briefs, usually a good sign of generalized interest in cases, do not contain the same blockbuster quality as cases in recent terms.  For example, amici filed nearly…

Supreme Court Movers and Shakers (Attorneys and Justices)

The consequences of certain decisions have repercussions far beyond those that affect the immediate cases.  While this is an indisputable aspect of decisions from courts of last resort, prognosticating the potential consequences of decisions is an art fraught with questionable inferences.  In a series of decisions the Supreme Court has a substantial policy impact. These…

A Tale of Two Constitutional Holdings

The Supreme Court held two state statutes unconstitutional during the the 2015 term*: portions of Florida’s death penalty law in Hurst v. Florida and Texas’ abortion statute in Whole Woman’s Health v. Hellerstedt. While lower court rulings relate to the specific statute(s) dealt with in a case, these decisions have nationwide implications. The Court’s decisions have constitutional…

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…

A Growing Fracture in the Death Penalty

Under Chief Justice Roberts, the Supreme Court has revisited the issue of capital punishment on numerous occasions.  Just in terms of overall cases, the Court has ruled on 23 since the beginning of the 2005 Term (habeas cases where the Court granted cert and ruled on the merits simultaneously are excluded from this count).  These…