empirical-scotus-supreme-court-justice-tv-news-coverage

Empirical SCOTUS: Supreme Court justice TV news coverage

Supreme Court justices live dual lives. On one hand they generally manage to stay out of the limelight while actually doing their jobs. Even with pressure to the contrary, the justices have managed to keep cameras out of the court and to limit the release of audio recordings of oral arguments to the Fridays after…
empirical-scotus-the-recent-role-of-separate-opinions

Empirical SCOTUS: The recent role of separate opinions

In a 2015 article for The Washington Post reviewing Melvin Urofsky’s book, “Dissent and the Supreme Court,” David Cole wrote, “What determines a great dissent … is not necessarily the power of the argument but the shifting tides of history. … History, not rhetoric or cogency, determines whether a dissent wins out in the long…
empirical-scotus-is-oral-argument-talking-time-all-its-cut-out-to-be

Empirical SCOTUS: Is oral-argument talking time all it’s cut out to...

Supreme Court oral arguments are not entirely what they seem. Although at first blush they may appear to be an opportunity for attorneys to make their arguments directly to the justices, they often become occasions for the justices to test out their theories of a given case and to gauge other justices’ positions on given…
empirical-scotus-the-singular-relationship-between-the-dc.-circuit-and-the-supreme-court

Empirical SCOTUS: The singular relationship between the D.C. Circuit and the...

With the Supreme Court term about to begin, many eyes will be on a small handful of cases involving certain salient issues. In this respect this term has a lot to offer. The court will review the federal government’s Deferred Action for Childhood Arrivals policy. It will look at the constitutionality of health care mandates…
empirical-scotus-a-new-term-with-plenty-of-hype

Empirical SCOTUS: A new term with plenty of hype

This is going to be a big year at the Supreme Court, likely with more fireworks than the last few. Since Justice Antonin Scalia passed away during the 2015 Supreme Court term, the court has been in an adjustment period. There was the long stint without a ninth justice. Justice Neil Gorsuch was finally confirmed…
empirical-scotus-the-right-stuff

Empirical SCOTUS: The “right” stuff

The Constitution as originally drafted did not include certain specific rights and restrictions on the power of the government. These were instead later added as amendments to the Constitution in the form of the Bill of Rights. Commentary leading up to the establishment of the Constitution found in the Federalist Papers discusses the importance of…
empirical-scotus-a-class-of-their-own-the-supreme-courts-recent-take-on-class-actions

Empirical SCOTUS: A class of their own: The Supreme Court’s recent...

Supreme Court decisions tend to impact more than just the individuals named in a lawsuit. Supreme Court Rule 10, the one official written description of factors that may lead to a higher likelihood of a cert grant, focuses primarily on areas with inconsistent court decisions across the country. One of the rationales behind this theory…
empirical-scotus-what-the-justices-cited-in-ot-2018

Empirical SCOTUS: What the justices cited in OT 2018

During the 2018 term, the Supreme Court heard 67 oral arguments leading to decisions. The justices’ opinions cited briefs filed in these cases and law articles approximately 601 times. These citations were from a total of approximately 330 briefs and articles. The citations were primarily clustered in certain cases. For instance, 30 cases, or about…