Advocates that Drive the Justices’ Votes

Supreme Court scholars often debate the role of lawyers in Supreme Court decision making.  For an attitudinalist, the justices’ preferences make all (or at least most of) the difference.  According to this theory justices will often vote based on their preferred policy direction, which minimizes the role of advocacy.  More recent studies show that such…

Slicing and Dicing the Court’s 2017 Oral Arguments

While the Supreme Court is lagging in releasing its decisions this term, the justices wrapped up hearing oral arguments almost a month ago.  The justices heard 63 oral arguments between October 2017 and April 2018.  Within that block of time many expectations were reaffirmed while several new paths were blazed. Aside from those who sit…

A New Way of Defining Oral Argument Terrain

Oral arguments are one of the more empirically studied areas of Supreme Court decision making.  This may make intuitive sense. Oral arguments are one of the few moments where the justices’ decision making process transpires before members of the public.  Audio of these arguments is recorded and accessible to anyone with an internet connection.  Video…well…