The “Right” Stuff

The Constitution as originally drafted excluded certain rights. These rights were were instead later added as amendments to the Constitution in the form of the Bill of Rights. Commentary leading up to the establishment of a Constitution found in the Federalist Papers discusses the importance of amendments and the process by which they might be…

A Wild Ride of a Term with Twenty Decisions Still to Go

The 2018 Supreme Court Term has taken many twists and turns, and there are still 20 decisions the Court has to release in its last week and a half of work before summer recess. Much may change between now and then, but with 55 cases already decided, we have unique and surprising patterns of decision-making among the justices.  This is most apparent in the Court’s 5-4 (or 5-3) decisions, where one vote could shift a decision in a different direction.  

Which Supreme Court Cases Are Generating the Most Interest?

This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Kavanaugh.  The justices often find consensus early on in a term and after a largescale change only later to define or redefine their jurisprudential boundaries….

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…

The Wide Arc of the Supreme Court

The Supreme Court now hears around 70 arguments a term and each case tends to have issues unique from others on the Court’s docket.  After the Court’s merits docket is assembled each term though, similarities between cases become apparent and these similarities may present an area of law where the Court is more invested and…