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…

Comparing Candidates for the Next United States Solicitor General

Eleven possibilities for the next Solicitor General of the United States.  There are in fact many more possible candidates although the eleven names produced in two articles – one by Tony Mauro of the National Law Journal and another by David Lat, managing editor of Above the Law provide an ample source of talented lawyers…

Taking Stock: New Cases and an Emerging Picture of the Term

With the “long conference” before the beginning of the 2016 Supreme Court Term complete the Court has granted what could be the last set of cases before the Justices start hearing oral arguments next Tuesday (Oct. 4). The Court has two months of hearings scheduled with other cases still lacking oral argument dates. The Court’s…

The OSG and More Potential Cases for 2016

With the Supreme Court’s 2016 Term around the corner, there is nowhere near a full slate of cases for the Justices to hear.  While the October and November hearing schedules were released and there are a handful of other granted cases without oral argument dates on the calendar, there are currently only approximately 29 cases (see SCOTUSBlog’s list…

Forced Judicial Restraint

When, soon after his nomination to the Supreme Court, Judge Garland was praised for his judicial restraint, this praise was not envisioned for the type of impact Judge Garland’s nomination has made on the Court so far.  Similarly, no one calling for judicial restraint or decrying the Court’s judicial activism prior to 2016 expected change to come in…

Bringing in the Big Guns

In a cautious and almost trepidatious manner the Supreme Court has slowly filled in part of its docket for the 2016 Term. The correlation between this slow-moving approach to cert and the empty seat on the Court is unmistakable. There are currently eight cases scheduled for argument in October. The Court already granted cert in…

The Lucky Ones: Cert Grants 2016

Sixteen. That is the number of cases that the Supreme Court is currently slated to hear in the 2016 Term.  This number in itself is exceptionally low for this time of year, although in terms of absolute case grants it is not exponentially far behind years past  (see below). For those who follow the Supreme…