Since Chief Justice John Roberts joined the Supreme Court in 2005, several pairs of justices have had notable disagreements in multiple cases. This is at least in part due to the justices’ polarity of viewpoints and interpretive methods. It nonetheless creates clear divisions on the Court as the justices have hardened viewpoints on many substantive issues…
Tag: Montgomery v. Louisiana
The Court’s Most Cited Decisions of 2016
One trope that was often repeated this past Supreme Court term was that the Court did not take on a particularly exciting caseload. Evidence for this comes in the form of the unprecedented level of agreement among the justices compounded by the eight justice composition for most of the term that wished to avoid 4-4…
How Justice Thomas’ Discontent Channels Justice Douglas
Over the past year the Supreme Court has in many ways lacked consistency. Its membership has changed, there was a long period of uncertainty as to the future ideological balance of the Court, and with this uncertain future the Court looked like it might make its first strong shift to the left since the Warren…
Under the Radar With GVRs
A regular yet often overlooked practice in the Supreme Court is the grant, vacate remand or GVR. A GVR is a summary disposition where, generally (although not always) based on a plenary decision, the Court grants certiorari in a case, vacates the lower court’s decision, and remands the case back to the lower court based…
Inferences From Amicus Briefs and How Justice Kennedy Continues to Rule Supreme
This post analyzes the amicus filings from this past Term in three ways. First it looks at counts of cert stage amicus filings and compares them to merits stage filings. This difference show whether the interest in a case prior to the Court granting cert paralleled the interest in the case’s outcome on the merits. …
Ideological or Individual Rifts: Justice Thomas at the Edge of the Court
There is and has been a clear ideological division between the more conservative and liberal Justices on the Court, especially in cases with high profile civil rights issues such as marriage equality. A not so often examined aspect of this fissure has to do with the cohesion of the individual voting blocs. For instance, Justice…
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