The 2018 Supreme Court Term has taken many twists and turns, and there are still 20 decisions the Court has to release in its last week and a half of work before summer recess. Much may change between now and then, but with 55 cases already decided, we have unique and surprising patterns of decision-making among the justices. This is most apparent in the Court’s 5-4 (or 5-3) decisions, where one vote could shift a decision in a different direction.
Tag: Stokeling v. U.S.
Thomas Authors Home Depot v. Jackson
Justice Thomas authored the majority opinion in Home Depot v. Jackson released this morning. There are several facets of this decision that are worth noting. It was a 5-4 decision with the more liberal justices — Ginsburg, Sotomayor, Kagan, and Breyer — in the majority and the other more conservative justices — Roberts, Alito, Gorsuch,…
So Happy Together
With many anticipated decisions still to come in the next month or so, the Supreme Court has already started to define itself in the post-Kennedy era. Certain patterns have emerged in the justices’ voting that distinguish this Court from past Courts. We are also beginning to see how the newest justices and Trump appointees —…
Competition to Speak During 2018 Supreme Court Oral Arguments
Oral arguments for the 2018 term are now complete. In a term where we have the potential to see heightened polarization on the Court like never before, oral arguments are impacted as well. One indicator of this harkens back to the previous term where all 5-4 decisions made across ideological lines ended in conservative victories. So…
Amid Record-Breaking Consensus the Justices’ Divisions Still Run Deep
How divided is the current Supreme Court? On the surface the answer appears mixed. Much conversation over from the past several years surrounding the Court’s decisions has had to do with partisan and ideological divisions among the justices. These divisions and the Court’s rightward shift appear a reality as evidenced by the systematic victories of…
Which Supreme Court Cases Are Generating the Most Interest?
This Supreme Court term, like the past several before it, has been slow out of the gates. It also marks another term with a new justice – this time Justice Kavanaugh. The justices often find consensus early on in a term and after a largescale change only later to define or redefine their jurisprudential boundaries….
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