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

  • 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...
  • PDF Packs for the Past Decade: I've been pillaging the Supreme Court's website in search of PDFs that I can archive for future reference. Using the Court's website and the...
  • Top Female Advocates Before the Supreme Court: To celebrate Patricia Millett's record-breaking thirty-first Supreme Court argument last week in Match-E-Be-Nash-She-Wish Band of Pottawatom...
  • Updated Term Charts: Starting this week, I'll be posting my updated charts on SCOTUSblog. You can find the first SB version of my charts here. More spec...
  • Predicting the April Sitting: 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 o...

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