Justices of the Supreme Court rarely give public comments on words or actions of members of the elected branches of the federal government. This made the recent spat between Chief Justice John Roberts and President Donald Trump, when the two intrinsically debated the role of partisanship in the federal judiciary, all the more surprising and…
Tag: Jennings v. Rodriguez
One Opinion More Complex Than the Next
The Supreme Court finally appears decently situated to complete its decision making for the term. Some holdups are still in play including the long since argued case of Gill v. Whitford. Gill was argued 255 days from the next possible opinion release date of June 14, 2018. Only 10 cases have taken longer to decide…
An Opinion is Worth at Least 1,000 Words
Supreme Court opinions come in all different shapes and sizes. Some are short and sweet, others are dense, long, and hard to follow. Some reasons behind relative opinion length are obvious. Even though the justices tend not to grant cases with facile solutions, certain cases are more complex and involve extensive fact patterns. Along with…
The Interpretive Dance
In the Supreme Court’s first decision of the term, Hamer v. Neighborhood Housing Services of Chicago, Justice Ruth Bader Ginsburg cited language from the court’s 2010 decision in Magwood v. Patterson stipulating that “[w]e cannot replace the actual text with speculation as to Congress’ intent.” Indeed, as Justice Elena Kagan wrote in the 2015 decision Ross…
Help a Justice Out
While Supreme Court justices are often guarded about how they come to their decisions, there are occasions where they are much more transparent. During oral argument, it is not uncommon for justices to bluntly say to an attorney “help me -” followed by a certain request. Instances where justices enlist attorneys’ help during oral argument present…
Fast Out of the Gates (SCOTUS’ October 2017 Oral Arguments)
On October 2nd, the Supreme Court will be back in session with the first oral arguments of 2017. Since Justice Scalia passed away in February 2016 the justices have taken a light caseload and generally have not heard cases that would lead to great rifts among themselves. This non-divisive set of cases during the 2016…
A Primer on The Government’s Participation Before the Supreme Court at the Start of the 2017 Term
On the Merits The most prolific player before the Supreme Court, the federal government through the Office of the Solicitor General (OSG), should have its hands full this year. As is often the case, the OSG is involved in a large portion of the term’s first set cases. Even before the term begins though the…
Taking Stock: New Cases and an Emerging Picture of the Term
With the “long conference” before the beginning of the 2016 Supreme Court Term complete the Court has granted what could be the last set of cases before the Justices start hearing oral arguments next Tuesday (Oct. 4). The Court has two months of hearings scheduled with other cases still lacking oral argument dates. The Court’s…
The OSG and More Potential Cases for 2016
With the Supreme Court’s 2016 Term around the corner, there is nowhere near a full slate of cases for the Justices to hear. While the October and November hearing schedules were released and there are a handful of other granted cases without oral argument dates on the calendar, there are currently only approximately 29 cases (see SCOTUSBlog’s list…
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