Introduction to Supreme Court Times--Ross Runkel's Page

[*A brief summary of my legal interests/training is at the bottom of the page. A more detailed biography is here. For cases from 2008-09, click here.]

The goal of this page is to provide plain-language, brief (about 1000-1200 word) summaries of all cases being considered by the US Supreme Court, beginning in the 2007-2008 Term. Two links for each case are provided. The first summarizes the decision from the lower court and the issue in the case; the second link (Decided....) provides the summary of the Supreme Court's decision. This page is intended especially for journalists, students, lawyers, and all with general interest in understanding law and the meaning of Supreme Court decisions but who don't have the time or interest to learn all the details about the cases. Each case for the current term is listed in the column to the left, arranged by date of oral argument before the Court. The first listing of the case summarizes the decision of the lower court (usually a federal Court of Appeals); the second listing summarizes the US Supreme Court decision. My goal is to provide you a summary that explains some of the facts of the case, the law that is being challenged, the leading arguments used and the reasoning of the Supreme Court in handing down its decision. On occasion I will also try to state what I think the implications of the case are for the future.

I am, as it were, "inheriting" this page from my friend, former law teaching colleague and teacher, Ross Runkel. Ross runs the leading Employment Law web site on the net and developed the idea for this kind of summary last year but was unable, with the press of his other activities, to keep it up. I thank Ross for the opportunity to inherit his mantle.

How the Court Works--In a Nutshell

The Supreme Court works on an annual (Oct-June) calendar. The current term is called the "October 2007 term." The number of cases it hears each term has been steadily declining, and it looks like this year it may hear and decide no more than 70 cases. When you consider that the Court receives more than 8,000 petitions for review each year, you see that chances of getting your case reviewed are very small. Almost all cases come to the Court through what is known as the writ of certiorari or, as those in the business say, through the Court's "granting cert." Rule 10 of the Supreme Court Rules explains the three circumstances under which most cases come to the Court: (1) a conflict of opinions in the federal courts of appeal on the same question; (2) a decision by the highest court in a state on a question of federal law/US constitution which conflicts with the decision of another state court or a US court of appeals; or (3) a decision by a lower court on an important question of federal law that has not be, "but should be," settled by the Supreme Court. These three rules give the Court a lot of leeway in handling its docket.

Cases argued in the Fall and early Winter (Oct-Jan.) are generally granted certiorari in the seven or eight months preceding the current term. Cases argued in Winter/Spring (Jan.-Ap.) are normally granted certiorari in the Fall of the term where they will be heard. Thus, the "Cert-granting" calendar is normally from about March-November of a given year, while the oral arguments for these cases happen in October-April of the same and succeeding year, and the decisions are handed down anytime before the Court adjourns at the end of June. The Court rarely schedules a case for re-argument or carries over a case to the next term. In order for a case to be "granted cert," four Justices have to want to hear the case. Once your case is granted cert, you know the specific questions that you will have to write about (the Court never considers "general cases" or abstract "principles of law" as cases; though it may sometimes seems to appeal to these principles in argument, it focuses on specific legal questions when granting cert. in a case). You must submit your opening brief or petitioner's brief (also called a brief on the merits--see Rules 24 and 25 for further information) by a date specified by the Court, and then the respondent has several weeks to answer you. Normally you also submit reply briefs about three weeks to a month before oral arguments, as well as any other documents or briefs required by the Court. In most cases there also are several "friend of the Court" (amicus) briefs submitted to clarify points of law that the original briefs might not consider. Submission of an amicus brief must be approved by the Court. Rule 37.1 gives the basic principle: It provides as follows:

"An amicus curiae brief that brings to the attention of the Court relevant matter not already brought to its attention by the parties may be of considerable help to the Court. An amicus curiae brief that does not serve this purpose burdens the Court, and its filing is not favored."

With the advent of easy electronic filing of briefs, more and more of the briefs are online. I will refer to briefs at times in my summaries.

About Me--in Brief

I first began writing summaries of Supreme Court decisions for Willamette Law Online when I was a student at Willamette in the late 1990s. Internet technology was just beginning, and I had the privilege of helping to design the shape of that work with Ross, Linda Caldera Taylor and others at Willamette. My interest in the Supreme Court continued while I was a litigation attorney at Stoel Rives LLP in Portland and then on the faculty of Willamette University College of Law in Salem. I have written hundreds of legal essays on this site. Please address any comments you would like me to see at drbilllong@gmail.com.

Enjoy and Learn!

3083