Archive for the 'Court Procedure' Category

There are a lot of numbers thrown out about the likelihood of a cert. petition being granted. The number I’ve always heard is 1%, but I sometimes hear numbers as high as 5%. According to statistics from the Supreme Court, between June 30, 2011 and July 2, 2012, the Court disposed of 7,654 appeals and [...]

With the Term quickly approaching it’s midway point, we can take a look at which advocates have made the biggest mark on the Term. Hearing Lists for the October to January sittings have been released, with only February, March, and April to go. Perennial Term leaders Paul Clement and Carter Phillips haven’t appeared at the [...]

There have been a few news stories this week about the Supreme Court’s non-action on the DOMA and Same-Sex Marriage cases late last week and today. Gawker argues, surely as a joke, that the Court is being deliberately obtuse: Maybe they’ll make an announcement Monday, maybe they’ll wait until they meet again in January. Maybe [...]

I run into the exact same debate every year around mid-January: which cases will be heard during the current term and which will be pushed over to the next? For example, the Court granted three cases on Friday but should I categorize them as OT11 cases or OT12 cases? Predicting which cases the Court will [...]

The Supreme Court released the oral argument calendars for the February and March sittings yesterday, leaving five granted cases unscheduled. Those cases are Christopher v. SmithKline Beecham Corp., Dorsey v. U.S., RadLAX Gateway Hotel v. Amalgamated Bank, Arizona v. U.S., and Match-E-Be-Nash-She-Wish Bank v. Patchak. Each of those cases will almost certainly be heard during [...]

Justice Kagan and Miguel Estrada have had a long relationship that has confounded and surprised many of their skeptics. At Kagan’s confirmation hearing, Estrada waxed poetic about her abilities and good humor while Kagan volunteered that Estrada was “qualified to sit as a Supreme Court Justice.” They first met at Harvard Law School when they [...]

The Supreme Court’s decision last week to appoint H. Bartow Farr and Robert Long to argue in the ACA cases follows in a long tradition of appointing amici to support positions that might not otherwise receive representation at the merits stage. But should positions themselves receive representation? Earlier this year the Stanford Law Review published [...]

Several commentators have provided their thoughts on why the Supreme Court granted 5.5 hours of oral argument in the the ACA cases. Over at Just Enrichment, Joshua Matz hypothesizes that the decision was made for show, or to simply signal to the public that the Supreme Court was giving this case the utmost respect. At [...]

I’ve taken a look at the number of opinion days in a given week from OT06 to OT10. In other words, I’ve taken a look at the number of times the Court has released opinions on one day during the week, on two days during the week, or on three (presumably consecutive) days during the [...]

Docket pages for each case at the Supreme Court list when a case is distributed for a given conference and, therefore, up for consideration. Nonetheless, at least one justice still has to mark a case up for debate or certiorari is automatically denied. Typically a case is either granted or denied at a given conference. [...]



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