Recent Articles

Chief Justice Asks Congress for Judicial Pay Increases

Kedar Bhatia

January 02, 2009 01:06

The Chief Justice issued his annual report to congress on the federal judiciary. The Chief Justice again asked for a raise in the salaries of federal judges. The Chief Justice pointed out that federal judges were the only federal employees who didn’t get a Cost-of-living adjustment for 2009....

Next Decisions Expected January 12, 13

Kedar Bhatia

December 27, 2008 00:21

In each of the last few years, the Court has released 2-4 cases over the first two days of arguments in the new year. For this term, those days are January 12 and January 13. Look out for cases to come down then and again the week later. Related posts Welcome Back, Old Friend (October 4,...

Supreme Introductions

Kedar Bhatia

December 21, 2008 05:35

(Nearly) every majority opinion features a short introduction before it jumps into the standard I, II, III, IV, etc structure. Some Justices simply introduce the facts very briefly (Scalia), while others discuss the procedural history (Thomas), and others discuss the underlying issue in the case...

Footnotes in Supreme Court Opinions

Kedar Bhatia

December 19, 2008 08:47

The use footnotes has been a topic of quiet conversation around the judiciary for some time now. One group of Judges and practitioners (and an even larger percentage of students) find them to be burdensome and often unnecessary. Others think they serve as useful guides and make opinions more...

Does the Senate Have the Constitutional Authority to Refuse to Seat a Blagojevich Appointee?

Kedar Bhatia

December 19, 2008 00:45

On Monday, in response to a complaint from the United States Department of Justice alleging that Governor Milorad “Rod” Blagojevich had solicited bribes and engaged in a massive conspiracy to commit fraud, the Illinois House voted 113-0 to begin impeachment proceedings. Blagojevich has...

Key Cases Outstanding as of December 2008

Kedar Bhatia

December 15, 2008 15:46

With the release today of Altria Group v. Good, the court has left several high-profile cases yet to be decided. Bear in mind that over the last few terms the average number of days between argument and decision has hovered around 90 and, with only 70 days having passed since the start of the term,...

Court Vacates and Remands Detainee Case; Rejects Another Case Questioning Obama’s Citizenship

Kedar Bhatia

December 15, 2008 15:28

The Court today handed down an Order’s List (here) that, among other things, granted, vacated and remanded a detainee case and struck down another petition questioning Barack Obama’s qualifications to be President. In Rasul v. Myers, a group of individuals who had been held in...

Court Hands Down Cigarette Advertising Ruling

Kedar Bhatia

December 15, 2008 15:11

The Supreme Court handed down an opinion today in Altria Group v. Good (opinion here) which will likely open the door for state-level suits against false advertising by cigarette companies. Justice Stevens penned the majority opinion and was joined by Justices Kennedy, Souter, Ginsburg, and Breyer....

Cases expected to be released tomorrow

Kedar Bhatia

December 15, 2008 01:00

Traditionally, on the Monday after the last day of oral arguments in December, the Court hands down 2-4 opinions to end the calendar year. Well, that day is tomorrow. OT 07 - 3 cases OT 06 - 2 cases OT 05 - 2 cases OT 04 - 4 cases OT 03 - 2 cases OT 02 - 1 cases OT 01 [...]Traditionally, on the...