Over at Twitter, Mike Sacks posted an interesting question about the agreement rate between Justices Scalia and Thomas during October Term 2012: Is it me, or have Thomas and Scalia been on opposite sides a lot more this term than in the past? #SCOTUS cc @dailywrit — Mike Sacks (@MikeSacksHP) April 23, 2013 Comparing agreement [...]

While I will readily accept that my end-of-term comments are even less relevant than usual because they are so belligerently late, I still think I have a few interesting things to point out about the nearly-finished term. First, and least controversially, Justice Kennedy still controls an important position in the middle of the Court. Justice [...]

The 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 [...]

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 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 [...]

(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 [...]

The 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 [...]

The 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 [...]

Once 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 [...]

Over the course of the past week, both the blogosphere and mainstream media have been spending quite a bit of time over at the Supreme Court rumor mill. There has been a lot of buzz about two cases concerned with president-elect Obama’s citizenship, Donofrio v. Wells (08A407) and Wrotnowski v. Bysiewicz (08A469). The applications for [...]

Just as everyone thought the Obama Citizen controversy was over in the Courts, another case has popped up. Even though I don’t share his concern, thanks to commentor ‘Ted‘ for bringing the latest case to my attention. Wrotnowski v. Bysiewicz is a motion for injunction filed by Cort Wrotnowski against Susan Bysiewicz, Secretary of State [...]



Random Posts

  • Updates: I've updated a lot of the information on the Term Case Index in preparation for today's cases. I expect the Supreme Court to hand down 1-2 o...
  • January Hearing List Released: The Supreme Court has released the Hearing List for the January sitting and you can find it here. Several high-profile advocates are back...
  • Uninterrupted Distributions Count for OT10 Cases: Docket pages for each case at the Supreme Court list when a case is distributed for a given conference and, therefore, up for consideration....
  • Rate of 5-4 Majority Opinion Authorship: As a general matter, the Justices that tend to carry the greatest ideological authority on the Supreme Court should be the ones authoring th...
  • A Deeper Look at Reversal Rates: An article in today's Cincinati Enquirer highlights the Sixth Circuit's current 15-case losing streak in the Supreme Court. Circuits regular...

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories