Category Archives: OT 2014

Predicting the Winners in Gelboim v. Bank of America and ADOR v. CSX

The Supreme Court heard oral argument in two fairly technical cases on Tuesday, one involving the appeal of a dismissal of an action that has been consolidated with other actions that are still ongoing and the other involving the the Railroad Revitalization and Regulatory Reform Act of 1976.  Indeed, this week, the Court is knee deep … Continue reading Predicting the Winners in Gelboim v. Bank of America and ADOR v. CSX

Predicting the Winners in Direct Marketing v. Brohl and DOT v. AAR

The Supreme Court heard oral argument in two fairly technical cases on Monday, one involving the Tax Injunction Act and the other involving the Passenger Rail Investment and Improvement Act of 2008. I’m predicting the winners of the Supreme Court cases based on the number of questions asked during oral argument. For more about this … Continue reading Predicting the Winners in Direct Marketing v. Brohl and DOT v. AAR

Why Does Everyone Want the Supreme Court to Take a Same-Sex Marriage Case?

Red and blue Americans agree on precious little, but there is one thing that seems to be on every politician’s Christmas list this season: Supreme Court review of a same-sex marriage case. Everyone, it seems, is asking the Court to take on the issue. Proponents of same-sex marriage are confident that they now have the … Continue reading Why Does Everyone Want the Supreme Court to Take a Same-Sex Marriage Case?

Predicting the Winners in Young v. UPS and Hana Financial v. Hana Bank

The Supreme Court heard oral argument in two cases on Wednesday, one involving the Pregnancy Discrimination Act and the other involving trademark 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.  For all … Continue reading Predicting the Winners in Young v. UPS and Hana Financial v. Hana Bank

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

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.

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

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)

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

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.

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

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

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

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

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

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