Empirical SCOTUS
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Viewing the Supreme Court in aThe blog is designed to look at contemporary and historical Supreme Court issues at an empirical level. Issues covered in the blog range from examining Supreme Court attorneys, the Justices, and other actors in the Court to analyzing decisions and oral arguments. This outlet provides the opportunity to perform smaller scale work that is based off of larger..
Empirical SCOTUS
5d ago
For 11 years between 1994 and 2005 there was no turnover in membership on the Supreme Court. There were four changes to the Court’s composition between 2005 and 2010 and then another four changes between 2017 and 2022. Of the four newest justices on the Court, three were appointed by President Trump and one by...
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Empirical SCOTUS
2w ago
Anecdotes and research support the notion that oral arguments do not often influence case outcomes. Chief Justice John Roberts said as much in an interview with Bryan Garner for the Scribes Journal in 2010: “The oral argument is the tip of the iceberg — the most visible part of the process — but the briefs...
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Empirical SCOTUS
1M ago
Between the 2004 and 2019 Supreme Court Terms, Justice Thomas spoke in five oral arguments for a total of fewer than 200 words. In that window of time he chose not to speak in over 1,100 arguments. In that same timeframe, Justice Breyer spoke over 320,000 words at oral argument. During those same years, Justice...
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Empirical SCOTUS
1M ago
A Sunday morning article in the New York Times begins, “Last February, Chief Justice John G. Roberts Jr. sent his eight Supreme Court colleagues a confidential memo that radiated frustration and certainty [referring to the D.C. Circuit’s decision in the Donald Trump immunity case].” The article continues describing Roberts’ Feb. 22nd memo to the justices,...
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Empirical SCOTUS
2M ago
When lawyers think about legal writing, they tend to focus on their submissions to courts. Some of my work shows that writing quality matters from trial courts on up. Lawyers aren’t the only court actors who care about their legal writing though. Lawrence Baum and others (including Judge Posner) have looked at judicial writings and...
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Empirical SCOTUS
2M ago
Chief Justice John Roberts heralded the significance of one of the biggest cases from last term, Trump v. United States, with the words, “This case poses a question of lasting significance: When may a former President be prosecuted for official acts taken during his Presidency? Our Nation has never before needed an answer. But in...
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Empirical SCOTUS
3M ago
In an almost declaratory manner as he singularly conveys on the Court, Chief Justice John Roberts expounded in the majority opinion in Trump v. United States, “[t]his case is the first criminal prosecution in our Nation’s history of a former President for actions taken during his Presidency…Doing so requires careful assessment of the scope of...
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Empirical SCOTUS
3M ago
On January 24, 2022 the United States Supreme Court granted cert in consolidated cases reviewing affirmative action programs at both Harvard and North Carolina Universities along with the Court’s precedent upholding affirmative action programs from the 2003 case Grutter v. Bollinger. By August of 2022, nearly 100 groups and individuals filed amicus briefs covering a range of matters related to the case and on behalf of the main parties in the case. While most cases do not incur this number of amicus briefs, this number has been nearly reached or exceeded several times in the past d ..read more
Empirical SCOTUS
4M ago
Supreme Court Justices have limited mandatory writing duties. Most of the justices are assigned majority opinions to draft. A few justices assign the majority opinion writing duties. This assignment is made by the Chief Justice if he is in the majority and otherwise by the most senior associate justice in the majority. Obviously a justice needs to be in the majority coalition to author the majority opinion, but since historically justices are all in the majority more than 50% of the time, there are ample opportunities for all justices to author majority opinions.
Majority opinion authorship is ..read more
Empirical SCOTUS
4M ago
Version: 1.1
Released: July 1, 2024
Citation: Feldman, A. & Truscott, J.S. (2024, July 1). Supreme Court 2023-2024 Stat Review (Version1.1). EmpiricalSCOTUS. Available at: https://empiricalscotus.com/
Supplemental Data (.zip): Here
SCOTUS_Stat_Review_OT23Download
It feels like much longer than a year ago when the Court decided major cases dealing with Affirmative Action and the First Amendment, but here we are, at the end of another term. This time at the beginning of July – which, even as it concluded on the first day of the month, is a particularly rare occurrence. Aside from the COVID ..read more