The Strength of Precedent is in the Justices’ Actions, Not Words

During his Supreme Court confirmation hearings in 2005, now Chief Justice Roberts exposited, “Judges have to have the humility to recognize that they operate within a system of precedent shaped by other judges equally striving to live up to the judicial oath, and judges have to have modesty to be open in the decisional process…

The Court’s Recent Lack of Support for the Federal Government’s Agenda

This is the first of a series of two posts examining the federal government’s litigation in the Supreme Court. While this post looks at the last several terms of government litigation, the next will analyze the government’s upcoming cases.   The federal government, through the Office of the Solicitor General (OSG), is the most frequent…

Research Corner: 6/24/2016

Three more papers worth reading: The Changing Face of the Supreme Court by A.E. Dick Howard (University of Virginia School of Law) Note: A very nice descriptive look at the evolution of the Court along multiple dimensions since the Warren Court years. Inquiring Minds Want to Know: Do Justices Tip Their Hands with Questions at…