DailyWrit

I’ve been thinking a lot lately about the role clerks play and how they influence the way cases are accepted and decided. Obviously they play a huge role in Cert. Pool (which Justices Stevens and Alito forgo) as well as writing the opinions once they are ready to be distributed.
In today’s order’s list (here), […]

Earlier tonight, Senators John McCain and Barack Obama joined Pastor Rick Warren at his California megachurch for an event pegged as “The Saddleback Civil Forum on the Presidency.” The interviews, each an hour in length, were separated by thirty-six tense seconds in which the presumptive nominees shared the stage (and an awkward hug [video here!]). […]

I’ve been a little surprised by how scarcely the Supreme Court is being mentioned during this election cycle. Especially as the dust was settling from Heller, I expected more talk about the role our next president may play in determining the trajectory of the Court. Recently, however, I’ve noticed that some smaller conservative blogs have […]

Oral Arguments took place this morning in Boumediene v. Bush and its sister case, Al-Odah v. US. Because of the heightened interest in the case, the Supreme Court opted to expedite the delivery of the audio recording and it was broadcast on C-Span by 11:50EST, less than an hour after the arguments concluded.
The arguments went […]

After finding the most talkative Justice, I was interested in finding the funniest Justice. According to my calculations, there were 51 total references to (Laughter.) in the court’s first two months of arguements. Here is the breakdown:

Case
JR
JPS
AS
AK
DS
CT
RBG
SB
SA
COUNSEL
TOTAL

Washington
1

2
3

Tom F.

0

Gall

1

2
3

Kimbrough

1

1

2

Torres
3

1

4

Santos

1

1

Watson

1
1

1

3

Stoneridge

1

1

Medellin

1
1

1

3

Klein

0

Ali

1

1

Williams

1

1

1
3

Logan

0

Danforth
1
2
3

6

CSX

2

1

3

Davis
2
1
1

1

1

6

John R.
1
1
1

1
4

Fed. Ex.

4

1
5

Hall

1
1

1
3

TOTAL
8
6
17
2
4
0
0
5
1
8
51

No surprises here. Scalia talks almost twice as much as everyone else. […]

Two months into the term, the Supreme Court has held oral arguments in 19 different cases. After reading a few of the transcripts, I thought it would be interesting to see which Justices spoke most often during oral arguments.
I found transcripts from the usual place and I copied the text into TextMate. From there, I […]

UK’s The Telegraph created lists of the 100 most influential conservatives and the most influential liberals leading into the 2008 elections. John Roberts made number #8 on the conservative list, Antonin Scalia came in at #62, and Clarence Thomas came in at #85. John Paul Stevens, despite claiming to be a conservative, came in at […]

Ann Althouse has a rather interesting article about Justice Steven’s recent speech at the Ninth Circuit’s Judicial Conference in Honolulu, Hawaii. Its obvious from the location of this judicial conference that congressmen aren’t the only ones who take junkets. Regardless, this is the most interesting part of her recap:
I think, after all — he’s talking […]

The Washington Post had a article recently about the way in which more and more American’s are viewing the court as too conservative. 33% of Americans feel that the Court is too conservative and only 47% believe that the court is balanced. 55% of Americans agree with the court’s ruling in Carhart but 70% disagree […]

All of the law blogs on the internet are exploding with analysis about how the 2006 term is the sign of a major revolution in Constitutional Theory that will undo a lot of the moderate-conservative work of the Rhenquist Court (1985-2005). Balkanization, SCOTUSblog, The New York Times here and here, Washington Post, Prawfsblawg, Georgetown […]

The court’s last cases are being handed down as I type this. The conservative block of the court wins the Leegin, a case revolving around vertical integration and pricing laws. The court’s liberal block won a death penalty case that now upholds laws that restrict the use of the death penalty on people who have […]

Ever since Harper’s Weekly started charging for access to their monthly index, I’ve been deprived of news by numbers. Now that I’ve finished my index(!), I think its as good a time as any to do some analysis. Try to follow along:
Number of Opinions handed down by this point last year: 52
Number of Opinions handed […]

While I tend to agree with the Court’s essential ruling in Smith v. Harris I think the way in which they got there is highly suspect. The Court ruled in this case on a summary judgement, which is to say the Court ruled in this case without a full trial in the lower courts. The […]