Category Archives: Term

OT 2014, Predicting the Winners

Predicting the Winners in B&B Hardware v. Hargis Industries and Whitfield v. U.S.

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The Supreme Court heard oral argument in two cases on Tuesday, one involving trademark law and the other, criminal law. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. For more about this method, see my post on last Term’s Aereo case. B&B Hardware, Inc. v. Hargis … Continue reading Predicting the Winners in B&B Hardware v. Hargis Industries and Whitfield v. U.S. →

OT 2014

Listen to Audio of Oral Arguments in Facebook Threat Case! (On Friday)

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Yesterday’s oral argument in the Facebook “true threat” case, Elonis v. United States, provides more ammunition for why the Supreme Court would benefit making oral arguments more accessible to the American people. And I’m not even talking about cameras in the Court. Live audio feeds would be fine, or at minimum immediate release of an … Continue reading Listen to Audio of Oral Arguments in Facebook Threat Case! (On Friday) →

OT 2014, Predicting the Winners

Predicting the Winners in Perez v. Mortgage Bankers Ass’n and Elonis v. U.S.

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The Supreme Court heard oral argument in two cases on Monday, including an important First Amendment case involving threats on Facebook. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. For more about this method, see my post on last Term’s Aereo case. Perez v. Mortgage Bankers … Continue reading Predicting the Winners in Perez v. Mortgage Bankers Ass’n and Elonis v. U.S. →

Drama in the Court, OT 2014

On Sweet Spots, Quotas, and Tons of Bricks—Listening to Oral Argument in the Alabama Redistricting Case

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Audio from the fascinating oral argument in last week’s case involving a challenge to Alabama’s redistricting is now available on Oyez. Although Alabama Legislative Black Caucus v. Alabama revolves around some particularly tangled legal twists and turns, one can get a pretty good grasp of the key issues with a brief dip into the oral … Continue reading On Sweet Spots, Quotas, and Tons of Bricks—Listening to Oral Argument in the Alabama Redistricting Case →

History of the Court, OT 2014

The Supreme Court and the Press—When the Justices Strike Back

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Justice Samuel Alito recently aired his frustrations with press coverage of the Supreme Court. Speaking at the New York Historical Society this past weekend, he conceded that the reporters that “cover us full time … are very knowledgeable,” and that “their news stories about oral arguments and decisions … are pretty good.” But he complained … Continue reading The Supreme Court and the Press—When the Justices Strike Back →

OT 2014, Predicting the Winners

Predicting the Winners in Alabama Legislative Black Caucus v. Alabama and Comptroller v. Wynne

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The Supreme Court heard oral argument in two cases on Wednesday, which wrapped up the arguments for November. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument.  For more about this method, see my post on last Term’s Aereo case. Alabama Legislative Black Caucus v. Alabama asks … Continue reading Predicting the Winners in Alabama Legislative Black Caucus v. Alabama and Comptroller v. Wynne →

OT 2014

A Modest Proposal

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Supreme Court justices love to talk about the importance of public engagement. The American people, they insist, need to understand what the Court does and why. They write books and articles, deliver lectures, and give interviews, often with the express intention of informing the public about the Court’s work. Yet when it comes to actually … Continue reading A Modest Proposal →

OT 2014, Predicting the Winners

Predicting the Winners in T-Mobile v. Roswell and M&G Polymers v. Tackett

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The Supreme Court heard oral argument in two cases on Monday. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument.  I do not evaluate the actual substance of the questions except to determine if there was a question to elicit an answer or response from … Continue reading Predicting the Winners in T-Mobile v. Roswell and M&G Polymers v. Tackett →

OT 2013

A Look Back—Justice Breyer’s Oral Dissent in McCutcheon

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In previous posts, I discussed last Term’s oral dissents by Justices Sotomayor (Schuette) and Ginsburg (Hobby Lobby)—all now available on Oyez. I now turn to the other major oral dissent of the Term: Justice Breyer’s in the campaign finance case, McCutcheon v. FEC. Justice Breyer’s oral dissents are particularly interesting listening, because they put on … Continue reading A Look Back—Justice Breyer’s Oral Dissent in McCutcheon →

OT 2014, Predicting the Winners

Predicting the Winners in Yates v. US and Johnson v. US

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The Supreme Court heard oral argument in two cases on Wednesday. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. Studies have shown that the advocate who receives more questions during oral argument is more likely to lose. For more about this method, see my … Continue reading Predicting the Winners in Yates v. US and Johnson v. US →