Things We Haven’t Seen Before at the Outset of a Roberts Court Term

Justice Ruth Bader Ginsburg is traditionally one of the most active justices at the beginning of each term. It should come as no surprise therefore that she authored three of the Court’s first 13 decisions for the 2019 Supreme Court term . She tends to have the backing of the Court in these early term decisions…

Breadcrumbs in a New Term

On November 6th, the Court released its first signed majority opinion of the term authored by Justice Ginsburg.  This is Ginsburg’s third consecutive term as author of the Court’s first signed majority opinion.  In a concise unanimous decision (8-0 since Kavanaugh did not participate), the Court in Mount Lemmon Fire District v. Guido held that…

Why Justice Kennedy May Not Leave The Court Right Now

The Supreme Court is not an institution with regular turnover.  Since the Justices have life tenure, many stay on well into old age and often for decades.  The Justices are insulated in their positions for life and there is little incentive to move to other jobs.  In fact, the last Justice to leave the Court…

Justice Ginsburg: Political and Efficient All Wrapped Up in One

Once on the Supreme Court the Justices have a few essential obligations. Add to this life-tenure and lots of free time while the Court is in recess and the job sounds pretty enviable. The Justices still must hear oral arguments, meet and vote to decide cases, and grant new cases for the Court to hear…