Will the Election Help Normalize Business at the Supreme Court?

Prior to the Presidential Election there was profound uncertainty about the future of the Court.  Before election night many believed Clinton would take the presidency and the democrats would look to move on the Garland nomination or otherwise nominate another candidate to the Supreme Court.  With the Trump victory an entirely new chapter will be…

The Justices’ Surprising Support (Or Lack Thereof) for the U.S.

Since it’s election season it seems like as good of a time as any to gauge the Justices’ support for the government.  The Justices and especially Justice Ginsburg have been by no means silent about the current presidential candidates.  Furthermore, the Supreme Court is more relevant in this election than possibly in any prior presidential election. …

SCOTUS Briefs: Opinions’ Basic Building Blocks

A Supreme Court opinion is a mixture of law, fact, and interpretation.  By the time cases reach the Supreme Court, they amass a detailed record from the lower court(s) (except for the very few instances of original actions) and a large number of appellate filings.  The case with the most amicus briefs on the merits…

Oral Argument Winners 2015/2016

Image by:  Carlos Barria/Reuters This week marks the end of the 2015 Supreme Court Term.  There are a ton of data to sort through to better understand the repercussions of the cases and the actors involved.  One way to analyze the data is simply by looking at the attorneys that were most successful at oral argument…

Lessons In Not Throwing Caution To the Wind

It seems a fitting tribute to include a post about the Office of the Solicitor General (OSG) on the day the current Solicitor General, Donald Verrilli, steps down.  The OSG is one of main gatekeepers to the Supreme Court’s review.  Multiple times every Term the Justices request the OSG to express views on whether or…