Statistics

Statistics

SCOTUS Map: December 2018 – Victoria Kwan

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar – Ronald Collins

Justices asked to intervene in grand jury dispute (UPDATED) – Amy Howe

Dispositions by sitting (major cases in red, decided cases shaded gray, reargued cases struck through)

Majority opinions authored by sitting

Pace of grants

Pace of decisions

Circuits

Voting relationships – OT2017

Dispositions by sitting (major cases in red, decided cases shaded gray, reargued cases struck through)

Majority opinions authored by sitting

Pace of grants

Pace of decisions

Circuits

Voting relationships – OT2017

Dec. 2018

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Conference of December 7, 2018

On this page, we keep ongoing statistics for the October 2018 term – dispositions by sitting, majority opinions authored by sitting, pace of grants, pace of decisions, the circuit scorecard and justice agreement. Our most recent complete Stat Pack, which includes these and other variables for the October 2017 term, can be found here (published June 29, 2018). Previous editions of the Stat Pack can be found at the Stat Pack archive. We regularly cross-post statistical analysis related to the court from Empirical SCOTUS.

October (9)	November (12)	December (10)	January (11)	February (8)	Unscheduled (7)
Weyerhaeuser	Schein	Apple	Merck	Commerce	Smith
Mt. Lemmon	Varela	Nieves	Obduskey	Return Mail	Flowers
Gundy	Cougar Den	Nutraceutical	Herrera	Mission	Va. House
Madison	Garza	Murphy	Fourth	Gray	PDR Network
~~Knick~~	Gaos	Timbs	Hyatt	Manhattan	Cochise
New Prime	Jam	Dawson	Thacker	Haymond	Dutra Group
Stokeling	Sturgeon	Lorenzo	Rimini	Mont	Kisor
Stitt	Warren	Biestek	Home	Legion
Nielsen	Bucklew	Helsinn	Allina
Devries	Loos	Gamble	Knick
	Sudan		Tenn. Wine
	Culbertson


	Oct.	Nov.	Dec.	Jan.	Feb.	March	April	Total
Argued	10	12	10	0	0	0	0	32

Roberts	1							1
Thomas								0
Ginsburg	1							1
Breyer	1							1
Alito								0
Sotomayor								0
Kagan								0
Gorsuch								0
Kavanaugh								0
Per Cur.								0

Remaining	6	12	10	11	8	0	0	54
	Oct.	Nov.	Dec.	Jan.	Feb.	March	April	Total

*Click the image to get a bigger look at the court’s current pace of grants

*The Minimum Distribution Pace presented in this chart reflects the number of petitions that must be granted to fill the court’s docket for oral argument while giving the litigants in each case a complete or near-complete briefing schedule. The pace also reflects the number of petitions raised at each conference and other factors affecting the certiorari process.

*Click the image to get a bigger look at the court’s current pace of decisions

	Total	% Total	Aff’d	Rev	% Aff’d	% Rev’d
CA1	2	3%
CA2	3	5%
CA3	3	5%
CA4	4	7%
CA5	2	3%	0	1	0%	100%
CA6	5	9%	0	1	0%	100%
CA7	–	–
CA8	3	5%	0	1	0%	100%
CA9	10	17%	1	0	100%	0%
CA10	3	5%
CA11	6	10%
CADC	3	5%
CAFC	4	7%
CAAF	0	–
State	8	14%
Dist. Court	2	3%
Orig.	0	–	N/A	N/A	N/A	N/A
Total	58	100%	1	3	25%	75%

	Justice Agreement in full, in part, or in judgment
	AMK	CT	RBG	SGB	SAA	SMS	EK	NMG
JGR	90%	79%	68%	70%	77%	66%	72%	83%
	AMK	83%	66%	66%	82%	65%	71%	86%
		CT	55%	55%	93%	51%	59%	81%
			RBG	89%	54%	96%	90%	58%
				SGB	54%	90%	93%	61%
					SAA	49%	57%	83%
						SMS	91%	55%
							EK	64%
								NMG

Featured Posts

SCOTUS Map: December 2018 – Victoria Kwan

David M. O’Brien (1951-2018): Noted political scientist and Supreme Court scholar – Ronald Collins

Justices asked to intervene in grand jury dispute (UPDATED) – Amy Howe
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This Week at the Court
The Supreme Court is between sittings.
The justices will meet next for their January 4 conference; John Elwood's Relist Watch compiles the petitions likely relisted for this conference.
The calendar for the January sitting, which will begin on January 7, is available on the Supreme Court's website.
Recent Decisions
- United States v. Stitt The term "burglary" in the Armed Career Criminal Act includes burglary of a structure or vehicle that has been adapted or is customarily used for overnight accommodation.
- Weyerhaeuser Company v. United States Fish and Wildlife Service An area is eligible for designation as “critical habitat” under the Endangered Species Act of 1973 only if it is habitat for the listed species; and the decision by the secretary of the U.S. Department of the Interior not to exclude an area from critical habitat under 16 U. S. C. §1533(b)(2) is subject to judicial review.
- Mount Lemmon Fire District v. Guido State and local governments are covered employers under the Age Discrimination in Employment Act of 1967 regardless of the number of employees they have.
see all this term’s cases »
Current Relists
- City of Escondido, California v. Emmons (1) Whether the U.S. Court of Appeals for the 9th Circuit erred in denying the officers qualified immunity by considering clearly established law at too high a level of generality rather than giving particularized consideration to the facts and circumstances of this case; (2) whether the lower court erred in denying the officers qualified immunity by relying on a single decision, published after the event in question, to support its conclusion that qualified immunity is not available; and (3) whether the lower court erred in failing or refusing to decide whether the subject arrest was without probable cause or subject to qualified immunity.
- Hester v. United States Whether the rule of Apprendi v. New Jersey–which held that any fact, other than a prior conviction, that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury and proven beyond a reasonable doubt–should apply to the imposition of criminal restitution.
- Kennedy v. Bremerton School District Whether public school teachers and coaches retain any First Amendment rights when at work and “in the general presence of” students.
More Petitions »
Major Cases
- Kisor v. Wilkie
  Whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.
- Department of Commerce v. U.S. District Court for the Southern District of New York
  Whether, in an action seeking to set aside agency action under the Administrative Procedure Act, 5 U.S.C. § 701 et seq., a district court may order discovery outside the administrative record to probe the mental processes of the agency decisionmaker—including by compelling the testimony of high-ranking Executive Branch officials—when there is no evidence that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis.
- The American Legion v. American Humanist Association
  (1) Whether a 93-year-old memorial to the fallen of World War I is unconstitutional merely because it is shaped like a cross; (2) whether the constitutionality of a passive display incorporating religious symbolism should be assessed under the tests articulated in Lemon v. Kurtzman, Van Orden v. Perry, Town of Greece v. Galloway or some other test; and (3) whether, if the test from Lemon v. Kurtzman applies, the expenditure of funds for the routine upkeep and maintenance of a cross-shaped war memorial, without more, amounts to an excessive entanglement with religion in violation of the First Amendment.
- Gamble v. United States
  Whether the Supreme Court should overrule the “separate sovereigns” exception to the double jeopardy clause.
- Timbs v. Indiana
  Whether the Eighth Amendment’s excessive fines clause is incorporated against the states under the Fourteenth Amendment.
- Apple Inc. v. Pepper
  Whether consumers may sue anyone who delivers goods to them for antitrust damages, even when they seek damages based on prices set by third parties who would be the immediate victims of the alleged offense.
see all this term’s cases »
Recent Special Features
Statistical Snapshot

Cases argued 32

Cases decided 3

Summary reversals 0

Merits cases granted to date 57

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Justice Sotomayor at Harvard

On November 13, Justice Sonia Sotomayor, Judge Jennifer Walker Elrod of the U.S. Court of Appeals for the 5th Circuit and Judge Susan Carney of the U.S. Court of Appeals for the 2nd Circuit presided over the final round of the 2018 Ames Moot Court Competition at Harvard Law School.

Peabody Award
Awarded the Peabody Award for excellence in electronic media.
Sigma Delta Chi
Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
National Press Club Award
Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
Silver Gavel Award
Awarded the Silver Gavel Award by the American Bar Association for fostering the American public’s understanding of the law and the legal system.
American Gavel Award
Awarded the American Gavel Award for Distinguished Reporting About the Judiciary to recognize the highest standards of reporting about courts and the justice system.
Webby Award
Awarded the Webby Award for excellence on the internet.

	Justice Agreement in full, in part, or in judgment
	AMK	CT	RBG	SGB	SAA	SMS	EK	NMG
JGR	90%	79%	68%	70%	77%	66%	72%	83%
	AMK	83%	66%	66%	82%	65%	71%	86%
		CT	55%	55%	93%	51%	59%	81%
			RBG	89%	54%	96%	90%	58%
				SGB	54%	90%	93%	61%
					SAA	49%	57%	83%
						SMS	91%	55%
							EK	64%
								NMG

Cases argued	32
Cases decided	3
Summary reversals	0
Merits cases granted to date	57

	Justice Agreement in full, in part, or in judgment
	AMK	CT	RBG	SGB	SAA	SMS	EK	NMG
JGR	90%	79%	68%	70%	77%	66%	72%	83%
	AMK	83%	66%	66%	82%	65%	71%	86%
		CT	55%	55%	93%	51%	59%	81%
			RBG	89%	54%	96%	90%	58%
				SGB	54%	90%	93%	61%
					SAA	49%	57%	83%
						SMS	91%	55%
							EK	64%
								NMG

3
Orders
DAWSON V. STEAGER (17-419)
LORENZO V. SEC (17-1077)

4
BIESTEK V. BERRYHILL (17-1184)
HELSINN HEALTHCARE V. TEVA PHARMACEUTICALS (17-1229)

5
Supreme Court building closed for National Day of Mourning for George H.W. Bush

6
GAMBLE V. UNITED STATES (17-646)

7
Conference

10
Orders
Opinions

	Justice Agreement in full, in part, or in judgment
	AMK	CT	RBG	SGB	SAA	SMS	EK	NMG
JGR	90%	79%	68%	70%	77%	66%	72%	83%
	AMK	83%	66%	66%	82%	65%	71%	86%
		CT	55%	55%	93%	51%	59%	81%
			RBG	89%	54%	96%	90%	58%
				SGB	54%	90%	93%	61%
					SAA	49%	57%	83%
						SMS	91%	55%
							EK	64%
								NMG