Archive for the 'Constitutional Law' Category



While I will readily accept that my end-of-term comments are even less relevant than usual because they are so belligerently late, I still think I have a few interesting things to point out about the nearly-finished term. First, and least controversially, Justice Kennedy still controls an important position in the middle of the Court. Justice [...]

By now, you should all know that the Supreme Court handed down their long-awaited decision in Northwest Austin Municipal Utility District No. 1 v. Holder. In short, the Chief Justice Roberts wrote for a nearly unanimous court holding that Section 5 was bad and faced several constitutional problems, but the Court decided to give Congress [...]

The Court’s decision in Northwest Austin Municipal Utility District No. 1 v. Holder largely dodged the core constitutional issue in question and has forced me to wonder how the Court will handle a different, though similarly charged, issue in Ricci v. DeStefano. To refresh everyone on the facts in Ricci, a group of white firefighters [...]

As the term winds down, the Court will begin releasing opinions pretty rapidly. There are 14 cases left and the Court will decide all of them by June 29. Here are a few of the most important left to be decided, sorted by the date they were argued: Melendez-Diaz v. Massachusetts (07-591) (Argued November 10, [...]

Courtoons

David Mills publishes a series of law-based comics. You can find them here. [Courtoons.net]

I’ve been thinking about the Court’s grant of cert. in two cases in which Juveniles were sentenced to long prison terms for crimes in which no one was killed. Lyle Denniston has some great analysis on the matter here. Another thing odd about these cases is that the Court considered them at several consecutive conference [...]

The Supreme Court granted review today in two cases revolving around whether or not sentencing children to long-term prison sentences for non-capital crimes constitutes cruel and unusual punishment as defined by the Eight Amendment. In Sullivan v. Florida, Joe Sullivan was 13-years old when convicted of raping an elderly woman and in Graham v. Florida, [...]

Today was the final day for arguments during OT08 and the Court heard arguments in Northwest Austin Municipal Utility District No. 1 v. Holder. You can find the transcript here. The arguments made were certainly very interesting. Justice Scalia, while criticizing the near-unanimity with which Congress passed the VRA extension, made this observation: You know, [...]

The court issues “media advisories” in the most high-profile cases to give media outlets an opportunity to reserve seating. By that logic then, I could count the number of “media advisories” to measure the number of “high-profile” cases in a given term. The court’s website features advisories as far back as OT04. OT04 6 Roper [...]

With 43 opinions released, the Court has now released just over half of the opinions it will release for the term. Lets take a look at some of the statistics. Number of Opinions: 43 cases Per Curiam: 7 cases (16%) 9-0: 19 cases (44%) 8-1: 1 case (2%) 7-2: 4 cases (9%) 6-3: 5 cases [...]



Random Posts

  • Uninterrupted Distributions Count for OT10 Cases: Docket pages for each case at the Supreme Court list when a case is distributed for a given conference and, therefore, up for consideration....
  • Early OT09 Stats: I've finally finished the first edition of my OT09 statistics. First, the links: Term Index and Term Opinion Breakdown. Honestly, the nam...
  • Solicitor General Record During OT08: I compiled the SG's win-loss record during OT08 in four different scenarios: When it took part in a case as Petitioner, when it took part as...
  • An Interview with Michael Dreeben: Michael Dreeben, a Deputy Solicitor General, spent the last semester on leave to teach at Duke University Law School. During his time there,...
  • An Unusually Short Long Conference: The Supreme Court released an order list from yesterday's Long Conference and, in a surprising move, it granted only seven cases. That numbe...

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