Archive for the 'Supreme Court' Category



The Supreme Court released four opinions today, and each was 8-1. You can find all of the opinions here. CompuCredit v. Greenwood, a case centering around arbitration clauses, is especially interested. In an opinion written by Justice Scalia, the Supreme Court somewhat predictably upheld an arbitration agreement and read the Credit Repair Organizations Act’s nonwavier [...]

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 Flags,” the shorthand notation given to each case to signal whether it has some negative history, is bad law, or has direct history. Red Flag: “In cases and administrative decisions, a red [...]

Over at Opinio Juris, Harlan Cohen makes the compelling argument that the current “customary international law” paradigm of the Alien Tort Statute is a poor fit for the statute, particularly in light of recent cases. He’s right: trying to divine whether international custom supports aiding and abetting liability or corporate liability is, frankly, silly. It [...]

While browsing the C-SPAN archives for interesting vidoes, I ran across a great one from 1989. The video features Tim O’Brien providing a recap of October Term 1988, which happened to be Justice Kennedy’s first year on the Court. I can’t embed the video, but you can find it here. There are a few interesting [...]

The Supreme Court denied cert. yesterday in a widely-discussed case revolving around whether a private organization could place memorial crosses at the location of fatal accidents along the highway. The case is Utah Highway Patrol Association v. American Atheists. Justice Thomas filed a heated dissent from denial arguing that the Court should take the case [...]

Today’s New York Times article about Paul Clement, “Lawyer Opposing Health Law is Familiar Face to the Justices“, reminds me of an interesting moment that happened at oral arguments a few years ago. The exchange took place in Perdue v. Kenny A. between Chief Justice Roberts, Justice Alito, and Paul Clement, who was appearing before [...]

Before the November argument kicks off, I should point out a few fascinating oral arguments from the October sitting that are available on the Court’s website (or in a zip file at the end of this post): Hosanna-Tabor v. EEOC Whether the ministerial exception to the ADA applies to a parochial school teacher. Douglas Laycock [...]

Attorneys from the Office of the Solicitor General are scheduled to participate in nine out of the twelve cases scheduled for oral argument during the October sitting. In five cases – Reynolds v. United States, Hosanna-Tabor v. EEOC, Golan v. Holder, Pacific Operators v. Valladolid, Judulang v. Holder – the OSG will represent either the [...]

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 number is the lowest since I began recording Supreme Court statistics in 2003. Here is the breakdown for recent years: However, the Court may have felt less pressure to grant cases at the [...]

The news that Mike Sacks has been tapped to become the Huffington Post’s first Supreme Court reporter is notable for two reasons. The first is that Mike did great work at F1@1F and Supreme Court fans should look forward to seeing what he can do as a full-time reporter with resources behind him. The second, [...]



Random Posts

  • Supreme Court Releases Four Opinions; Ten Remain: The Supreme Court released four divided opinions today including a very interesting case rejecting an inmate's right to test the DNA used to...
  • Advocate Scorecard for OT 09: I finished this a while ago but neglected to post it until now. Whoops? Anyways, here is the OT 09 advocate scorecard with win/loss record. ...
  • Another Elena Kagan - Miguel Estrada Connection: Justice Kagan and Miguel Estrada have had a long relationship that has confounded and surprised many of their skeptics. At Kagan's confirmat...
  • OT 08 Term Statistics: With the release of several opinions this week, the Court has now released 26 opinions for the term. Its time to take a look at some of the ...
  • Final Term Index: Here is the final Term Index for October Term 2009. OT09_term_index_final

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