Over the past several years the Supreme Court has undergone substantial change. Not only has the face of the Court shifted, but so has its center with the departure of Justice Kennedy. Oral arguments offer the only vantage into the interactions and dynamics between the justices and provide some context for how they might vote…
Tag: Masterpiece Cakes v. Colorado Civil Rights Commission
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…
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…
Even with Five Decisions Today the Court is Still Setting Records for its Slow Pace
Today marks the 225th day of the 2017 Supreme Court term. The Court compensated for a slow term so far with five new decisions. Even with decisions in cases Murphy v. NCAA, Dahda v. United States, Byrd v. United States, United States v. Sanchez-Gomez, and McCoy v. Louisiana, the Court is still behind its output every other…
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…
When I Bake My Masterpiece: Understanding the Justices’ Positions in Masterpiece Cakeshop Based on Oral Arguments
Masterpiece Cakeshop v. Colorado Civil Rights Commission appears to be the Supreme Court case garnering the most public attention this term. The question in the case is whether a baker’s First Amendment rights (free speech and/or free expression) are violated when a law compels him to bake a cake for a couple in violation of his sincerely held…
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…
A Primer on The Government’s Participation Before the Supreme Court at the Start of the 2017 Term
On the Merits The most prolific player before the Supreme Court, the federal government through the Office of the Solicitor General (OSG), should have its hands full this year. As is often the case, the OSG is involved in a large portion of the term’s first set cases. Even before the term begins though the…
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