New “Stat Pack”

Tuesday, May 29th, 2007 7:39 pm | Jason Harrow | Print This Post

You can now download an updated edition of the “Stat Pack” here.

If you have any suggestions for what other information should be included each week, email me here.



2 Comments »



  1. It’s now a dead certainty that the Chief assigned himself the affirmative action cases. They’re the only remaining undecided cases from December, and every other justice has written from that sitting.

    By a 5-week margin, they’re also the two oldest remaining cases, which suggests they’re giving the Court some difficulty. The Chief could have lost his majority, or we could have a fractured outcome. Bakke redux.

    Comment by Marc Shepherd — May 30, 2007 @ 11:09 am

  2. I hope not. Fractured outcomes are a failure of the Court as an institution. The whole reason for having “one supreme Court” in the first place is to settle questions of federal law on a national basis.

    The Marks rule supposedly tells lower courts how to extract the holding from a fractured opinion, but the Supreme Court itself has more than once thrown up its hands, said it can’t untie the Gordian knot, and redecided the issue without regard to the unintelligible precedent.

    A fractured outcome that does not create a clear rule means the Court has failed in its mission.

    Comment by Kent Scheidegger — May 30, 2007 @ 12:03 pm

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