Category Archives: Term

Predicting the Winners in Reed v. Gilbert and Oneok v. Learjet

The Supreme Court heard oral argument in two cases on Monday, the first cases for 2015. 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 of my predictions this Term, … Continue reading Predicting the Winners in Reed v. Gilbert and Oneok v. Learjet

Chief Justice Roberts Discusses Technology at the Supreme Court

The Chief Justice began his year-end report on the federal judiciary with a colorful historical excursion: On November 10, 1893, the Washington Post identified an emerging technology that was reshaping American society: Pneumatics! The miracle of compressed air had led to the creation of new contraptions, including pneumatic tube systems that relied on air compressors … Continue reading Chief Justice Roberts Discusses Technology at the Supreme Court

The Forgotten Backlash Against the Warren Court

The Warren Court was good at making enemies. We know about the segregationist backlash against Brown v. Board of Education. The Court’s school prayer decisions met with denunciations and widespread defiance. Familiar too is the conservative attack on the Warren Court’s criminal justice decisions. In 1968 presidential candidates Richard Nixon and George Wallace ran “law … Continue reading The Forgotten Backlash Against the Warren Court

My Record in Predicting Supreme Court Decisions: Still Perfect

As 2014 draws to a close, the Supreme Court has finished with its announcement of decisions for this year.  The Court issued opinions in 2 cases this week: (i) affirming (8-1) the decision in Heien v. North Carolina that reasonable mistakes about the law by police officers do not violate the Fourth Amendment and (ii) … Continue reading My Record in Predicting Supreme Court Decisions: Still Perfect

Predicting the Winners in US v. Wong and US v. June

The Supreme Court heard oral argument in two cases on Wednesday, both involving whether equitable tolling applies to claims against the federal government under the Federal Tort Claims Act. 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 … Continue reading Predicting the Winners in US v. Wong and US v. June

My Perfect Record in Predicting Supreme Court Cases–So Far

On Tuesday, the Supreme Court handed down its first two decisions of the Term.  As SCOTUSblog reports, the Court reversed the 9th Circuit decision regarding overtime pay in Integrity Staffing Solutions v. Busk and affirmed the 8th Circuit’s decision regarding Federal Rule of Evidence 606(b)’s bar on juror-related evidence in Warger v. Shauers.  Both decisions … Continue reading My Perfect Record in Predicting Supreme Court Cases–So Far

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