Archive for the 'Court Procedure' Category



The Supreme Court released its orders list from its long-conference yesterday and among the 12 cases granted is a potentially landmark ruling on the Second Amendment. The Court granted review in McDonald v. City of Chicago, a case decided by the Seventh Circuit in early-June. SCOTUSblog has a collection of cert. stage briefs that you [...]

Correction:

Well, I made a mistake yesterday. Relying on the WSJ Law Blog’s onsite observer, I reported that General Kagan had worn a blue pants suit. I was wrong. In fact, the Washington Post and Above the Law are now reporting that General Kagan chose a black suit with a light blue blouse with which to [...]

For all the trivia nerds out there, I forgot to mention two important, but oft-unmentioned facts about yesterday’s argument. General Kagan opted not to wear the traditional grey morning coat that male Solicitors General wear. Instead, according to the WSJ Law Blog, she wore a blue pants suit. Of course, the writing was on the [...]

When Chief Justice Roberts first sat on the Court on October 3, 2005 in IBP, Inc. v. Alvarez, he spoke twenty-four times and his first question appeared on page 15 of the transcript. Following that question, he went back and forth with Carter Phillips, a man with whom the Chief Justice was already acquainted, for [...]

To sum up my views on the oral arguments today: we saw it coming. Justice Sotomayor lined up in exactly the position she was expected take and the same goes for each of the other eight Justices. In the end, it looks like her position will be a minority one. Solicitor General Kagan did a [...]

In anticipation of Sonia Sotomayor’s first oral argument next week, C-SPAN has revealed a 10-minute excerpt of interviews with several Supreme Court Justices. C-SPAN had previously announced that October 4-12 would be “Supreme Court Week” featuring interviews with each of the Justices, but it has announced just excerpts from those interviews that deal with issues [...]

Marcia Coyle has an interest article at law.com about the surprising dominance of the most elite advocates at the Supreme Court during OT08. In particular, she mentions that ‘elite’ advocates argued in 35 out of 78 cases argued during the most recent number. Also, Ted Olson’s seven arguments in one term might be the highest [...]

Solicitor General Kagan has filed a motion for divided argument in Citizens United v. FEC, according to SCOTUSblog. If the motion is granted, the division would create for a very interesting dynamic for the Court’s special September 9 sitting. 30 minutes – Ted Olson 20 minutes – Elena Kagan 10 minutes – Seth Waxman Frequent [...]

My goal was to publish the final term statistics today, but because the Court will hear rearguments in Citzens United and likely issue an opinion before the beginning of OT09, I’ll have to update these statistics again in September. I’ve updated the 2008 Term Case Index, which you can always find at the top of [...]

In a surprise move, the Supreme Court decided to hold a new round of oral arguments in Citizens United focused on whether or not to overrule Austin v. Michigan. It’s very, very rare for the Court to hold rearguments in a case although they will periodically request additional briefing on an issue. In Montejo v. [...]



Random Posts

  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • 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....
  • A Deeper Look at Reversal Rates: An article in today's Cincinati Enquirer highlights the Sixth Circuit's current 15-case losing streak in the Supreme Court. Circuits regular...
  • Westlaw Flag Colors for OT10 Cases: I've always thought it was funny that WestLaw handed out yellow flags like they were candy. I'm referring, of course, to "KeyCite Status Fla...
  • Justice Thomas' History at Oral Argument: The big news in the world of the Supreme Court today is that Justice Thomas finally spoke at oral argument. It is not clear exactly what he ...

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