Advisory Opinions SCOTUS Long Conference and 'Insecure Originalists'
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Oct 7, 2025 David Lat, founder of Original Jurisdiction and seasoned legal commentator, joins to dissect the Supreme Court's long conference. They explore the implications of several key decisions, including the sentencing of Justice Kavanaugh's would-be assassin, and delve into why Ghislaine Maxwell's appeal was dismissed. The discussion also critiques Justice Alito's views on originalism versus living constitutionalism, shedding light on how judicial philosophies could shift the future of landmark rulings like Obergefell.
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Why The Long Conference Grants Few Meritorious Cases
- The long conference bundles many petitions so grant rates drop even as raw grants rise.
- Clerks and petition-timing shape which cases reach that conference and which meritorious matters avoid it.
High-Profile Baggage Makes A Weak Vehicle
- High-profile defendants and factually messy records make poor vehicles for Supreme Court review.
- The Court prefers clean legal questions over cases laden with baggage like Maxwell's.
Commercial Cases Are Declining At SCOTUS
- The Supreme Court has been taking fewer commercial and business cases despite their wide impact.
- Business litigation trends mean class actions, antitrust, and arbitration matters may receive less high-court attention.