Developing the Court’s Precedent 2016

Through the course of a single term, the Supreme Court went from a “boring” eight member body to one apparently itching to take on polarizing political issues.  This transformation took place in the Court’s first full term without Justice Scalia since 1986.  Some (including Justice Breyer) speculated that Scalia’s absence would have a large impact…

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…

Interruptions and References

  Supreme Court oral arguments are traditionally thought of as a time for the Justices to interact with and ask question of attorneys in a case.  One of the lesser thought of aspects of oral arguments has to do with the interaction among the Justices.  Over the years several studies and articles have looked at this…