On the Ballot cover image

On the Ballot

Today’s SCOTUS activity in a historical context

Aug 29, 2024
Dr. Adam Feldman, a Supreme Court scholar and creator of the Empirical SCOTUS blog, dissects the recent Supreme Court term and what lies ahead. He sheds light on the notable decline in caseloads since 1988 and how the pandemic influenced this trend. The discussion dives into unexpected judicial alliances and the complexities of decisions, including the impact of Chief Justice Roberts. Anticipated cases on topics like ghost guns and transgender rights are also explored, highlighting the evolving landscape of legal issues.
30:04

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Quick takeaways

  • The Supreme Court's significant reduction in caseload is largely due to changes in case selection criteria established in 1988.
  • Despite expectations of ideological divides, the Court has shown unexpected collaboration among justices in recent rulings, indicating complexity in decision-making.

Deep dives

The Evolution of Supreme Court Caseload

The Supreme Court's caseload has significantly reduced over time, with the most recent term seeing only 62 cases decided, which is down from the average of 74 cases per term from 2007 to 2022. A substantial cause of this decline relates to the discretionary nature of cases since the 1988 changes allowing the Court to choose which cases to hear, a shift that has affected how cases are brought to the Court. Additionally, the impact of COVID-19 further contributed to this decrease as the Court adapted to remote processes for oral arguments, stabilizing at a lower number of cases. The historical context reveals that the shift from mandatory appeals to discretionary appeals has transformed the Court's docket and the nature of the cases heard.

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