Archive for the 'Court Procedure' Category



I’ve compiled a really interesting list featuring the win-loss record of every advocate from the SG’s office and all of the top private advocates. The list is necessarily incomplete but I wanted to give everyone sample of it before I publish the final version tomorrow afternoon when the remaining cases come out. You can also [...]

The Supreme Court will hand down the final three opinions of the term tomorrow when it holds its last public session before its summer recess. The Court will also bid farewell to Justice Souter, as it will likely be his last time being seen publicly as a sitting justice. The three cases are Ricci v. [...]

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 [...]

Stats Updated

I’ve updated the Term Case Index and the Term Count Spreadsheet. With the release of three opinions today, the Court now has only seven cases left to decide. It will hand down some on Thursday and the final opinions next Monday. Of the remaining cases, the two attracting the most media attention are Safford Unified [...]

Walter Dellinger, a noted Supreme Court advocate who is most recently received headlines for arguing for the district in DC v. Heller, has submitted the first entry in a new series on Slate called “The Supreme Court Breakfast Table.” His letter to Dahlia Lithwick and Linda Greenhouse is an interesting summary of the many issues [...]

The Supreme Court released four divided opinions today including a very interesting case rejecting an inmate’s right to test the DNA used to convict him more than 15 years ago. Justice Thomas was the author of another 5-4 decision in Gross v. FBL Financial Services. For some reason, I had always assumed that he filed [...]

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, [...]

Justice Ginsburg gave a speech recently at the Second Circuit Judicial Conference in New York. Justice Ginsburg serves as the Justice assigned to that circuit right now and that role was put in prominent view when she issued a temporary injunction last week to block Chrysler’s takeover by Fiat for a day. Her speech can [...]

State of the Docket

The Supreme Court handed down three more opinions this morning, including one which explicitly overruled a generation-old precedent set in Michigan v. Jackson. I’ve uploded a new version of the Term voting chart here. With 53 opinions handed down and 75 opinion expected, the Court has now handed down an opinion in 70% of the [...]

The Court will be holding conference for the next seven consecutive Thursdays (as opposed to the normal friday conference meeting). We will likely see at least a few opinions and accepted cases every week from now until the Court breaks at the end of June. In the short-term, the Court’s opinion hotline also tells us [...]



Random Posts

  • More Sophisticated Reconferencing Statistics: A commentator on my last conferencing post picked up on an important part of the distribution question that I had intentionally omitted....
  • Update: List Of Advocates Who Have Argued Twice In A Month: Four days ago, I posted a list of the advocates who have argued twice during a single month since 2003. Well, that chart is already outdated...
  • First Opinion Stats: As we wait for the first opinion of the term, I thought it would be interesting to take a look at the first signed opinion released in recen...
  • Traitors to the Cause: 6-3 decisions are, statistically speaking, the least common vote split. Frequently, those cases split along the ideological lines that are s...
  • Advocate Watch: 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 L...

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