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…
Tag: United States v. Texas
Inferences From Amicus Briefs and How Justice Kennedy Continues to Rule Supreme
This post analyzes the amicus filings from this past Term in three ways. First it looks at counts of cert stage amicus filings and compares them to merits stage filings. This difference show whether the interest in a case prior to the Court granting cert paralleled the interest in the case’s outcome on the merits. …
If You Can’t Beat ‘Em Block ‘Em: A Preface to a New Post-Scalia Court Strategy?
(images via supremecourt.gov) In the biggest cases this Supreme Court Term there was one common thread – the four Justices appointed by Democratic Presidents either voted together for the winning position or (likely) voted together to cause a 4-4 split (this was a potential strategy I discussed earlier). The numbers on the Court set up…
The Justices’ Stances in United States v. Texas
The United States government represented by the Solicitor General is the most frequent party before the U.S. Supreme Court. These regular appearances will be quite pronounced over the next two weeks. The Supreme Court hears oral arguments in ten more cases before the end of the Term, and a representative from the Office of the Solicitor…
empiricalscotus.com 