A Seismic Shift?

It seems out of a script by the writers of the film Groundhog Day.  At the end of the term each year Court watchers await the impending retirement of a justice.  Stories break in the months before June trying to sort through the imperfect information concerning such retirement plans. In recent years, speculation of an…

The Strategic Right – Oral Arguments at the Beginning of the 2017 Term

Several possible facets of the justices’ new oral argument strategies became apparent during the first week of oral arguments for the 2017 Supreme Court term.  The Court began with a series of high-profile cases – perhaps none as discussed and hotly contested as Gill v. Whitford which looks at gerrymandered voting districts in Wisconsin.  The…

The Justices in Oral Arguments 2016

Supreme Court oral arguments are the only times that litigators directly and verbally interact with the Justices about pending cases.  The scholarship on whether these arguments factor into decision outcomes is mixed with some suggesting that the Justices come into oral arguments with predefined views in most cases while others suggesting that a variety of…