The Justices in Oral Arguments 2016

Supreme Court oral arguments are the only times that litigators directly and verbally interact with the Justices about pending cases.  The scholarship on whether these arguments factor into decision outcomes is mixed with some suggesting that the Justices come into oral arguments with predefined views in most cases while others suggesting that a variety of…

Analysis of the Zubik Arguments

What was said over the course of the 90 minute the oral arguments today in Zubik? Quite a bit. Commentators seem to think the Justices may split their votes four to four (e.g. Adam Liptak from the New York Times) with the Justices predominately to the right: Kennedy, Alito, Thomas, and Roberts voting that the…