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…

Supreme Court All-Stars 2013-2017

Success in the Supreme Court is hard to define because it can be viewed in a variety of ways. Few attorneys have the opportunity to try cases there and even fewer argue multiple cases.  Part of success therefore is simply getting a case or cases to the Court. Once the Court agrees to hear a…

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 State of the States Before the Supreme Court

Rather than originating from a federal court of appeal like the majority of cases before the Supreme Court, the most discussed case of this term came from a state court.  Masterpiece Cakeshop was petitioned to the Supreme Court after a decision from the Colorado Court of Appeals and Colorado’s Solicitor General, Frederick Yarger, handled the argument for…

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…

Something to Talk About

Oral arguments have always been central to Supreme Court adjudication.  In early Supreme Court practice oral arguments were the primary means by which the justices learned about cases.  Currently, oral arguments convey less original information to the justices, but still are helpful tools for the justices to learn about dimensions in each case not brought out…

Is a Recipe for Justice Kennedy a Recipe for Success?

The puns are endless with a case that goes by the name Masterpiece Cakeshop v. Colorado Civil Rights Commission.  The stakes though are no laughing manner. If the Court decides all of the issues brought up in the case, boundaries of the First Amendment doctrine may be rewritten as could the defining lines between religious…

An Uphill Battle for the Court’s Liberals

“[I]f a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs…