Upcoming Cases to Watch
0 Comments Published by Kedar June 17th, 2009 in Constitutional Law, Court Procedure, Sonia Sotomayor, Supreme Court, Upcoming Decisions, VacancyAs 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, 2008) [...]
Supreme Court Further Constricts Article III Taxpayer Standing
0 Comments Published by Kedar March 3rd, 2009 in Antonin Scalia, Constitutional Law, Supreme CourtThe Supreme Court continued its quest to strike at Article III taxpayer standing today in its opinion in Summers v. Earth Island Institute (here).
In 1968, the Court ruled 8-1 in Flast v. Cohen (here) that Florence Flast and others could file suit against the Secretary of Health, Education, and Welfare for violating the First Amendment [...]
OT 08 Term Statistics
2 Comments Published by Kedar February 26th, 2009 in Court Procedure, Statistics, Supreme CourtWith 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 numbers:
Opinions released: 26
Cases dismissed: 21
Oldest Case: Vanden v. Discover Bank, argued October 6, 2008 (141 day ago)
Average number of days between arguments and decision: 78.31
Cases dismissed at [...]
Supreme Introductions
0 Comments Published by Kedar December 20th, 2008 in Anthony Kennedy, Antonin Scalia, Clarence Thomas, Clerks, Court Procedure, David Souter, John Paul Stevens, John Roberts, Ruth Bader Ginsburg, Samuel Alito, Stephen Breyer, Supreme Court(Nearly) every majority opinion features a short introduction before it jumps into the standard I, II, III, IV, etc structure. Some Justices simply introduce the facts very briefly (Scalia), while others discuss the procedural history (Thomas), and others discuss the underlying issue in the case (Souter.) I took a look at all of the cases [...]
Footnotes in Supreme Court Opinions
0 Comments Published by Kedar December 19th, 2008 in Anthony Kennedy, Antonin Scalia, Clarence Thomas, Constitutional Law, Court Procedure, David Souter, John Paul Stevens, John Roberts, Ruth Bader Ginsburg, Samuel Alito, Stephen Breyer, Supreme CourtThe use footnotes has been a topic of quiet conversation around the judiciary for some time now. One group of Judges and practitioners (and an even larger percentage of students) find them to be burdensome and often unnecessary. Others think they serve as useful guides and make opinions more readable. Footnotes largely come in two [...]
Court Hands Down Cigarette Advertising Ruling
0 Comments Published by Kedar December 15th, 2008 in Constitutional Law, Supreme CourtThe Supreme Court handed down an opinion today in Altria Group v. Good (opinion here) which will likely open the door for state-level suits against false advertising by cigarette companies.
Justice Stevens penned the majority opinion and was joined by Justices Kennedy, Souter, Ginsburg, and Breyer. Justice Thomas filed a dissenting opinion that was joined by [...]
Oral Argument Stats Posted
0 Comments Published by Kedar December 12th, 2008 in Anthony Kennedy, Antonin Scalia, Clarence Thomas, Constitutional Law, Court Procedure, David Souter, John Paul Stevens, John Roberts, Justices and Judges, Oral Arguments, Ruth Bader Ginsburg, Samuel Alito, Stephen Breyer, Supreme CourtOnce again, I’ve conjured up some charts marking how often each Justice spoke during oral arguments in the first half of the term. You can find a detailed look into my methodology here but to summarize, these numbers represent the number of times ‘JUSTICE ______’ is mentioned in the oral argument transcripts posted on the [...]
President Obama and the Future of the Supreme Court
0 Comments Published by Kedar December 4th, 2008 in Constitutional Law, David Souter, John Paul Stevens, John Roberts, Justices and Judges, Ruth Bader Ginsburg, Stephen Breyer, Supreme CourtThe future is bleak for democrats and judicial liberals. The average age of the four conservatives is 60.75 years (Roberts(53), Scalia (72), Thomas(60), Alito(58)). The average age of the four liberals, however, is 75.7 years (Stevens(88), Souter(69), Ginsburg(75), Breyer(70)). Justice Stevens, an active octogenarian and avid tennis player who frequently reads briefs on the beach [...]
You can find the 2007 Term Case Index here.
You can find the 2006 Term Case Index here.
You can find statistics from the term here.
Cases Completed:
(83)
Ricci v. DeStefano
Docket Filing | Questions Presented
Docket Number: 07-1428
On Appeal From: CA2
Date Argued: April 22, 2009
Date Decided: June 29, 2009
5-4; Reversed and Remanded
Majority: Kennedy(m), Roberts, Scalia(c), Thomas, Alito(c)
Dissent: Ginsburg(d), Stevens, Souter, [...]
Does Hillary Clinton’s Appointment to Secretary of State Violate the Emoluments Clause?
7 Comments Published by Kedar November 25th, 2008 in Constitutional Law, Hillary ClintonVolokh (twice), DailyKos, and some others have been talking about the Emoluments Clause and how it disqualifies Hillary from accepting the position of Secretary of State. First, the clause:
No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States [...]





