Comments on: The Pace of the Court’s Decisionmaking http://www.scotusblog.com/wp/the-pace-of-the-courts-decisionmaking/ The Supreme Court of the United States blog Thu, 26 Jun 2008 21:56:34 -0700 http://wordpress.org/?v=2.8.5 hourly 1 By: Jeremy Pierce http://www.scotusblog.com/wp/the-pace-of-the-courts-decisionmaking/comment-page-1/#comment-11088 Jeremy Pierce Tue, 17 Apr 2007 11:55:53 +0000 http://www.scotusblog.com/wp/uncategorized/the-pace-of-the-courts-decisionmaking/#comment-11088 Perhaps it would be more helpful to look at this in terms of what percentage of the cases have had opinions issued. Since the number of cases is much lower, the number of eventual opinions would be lower, which means that there aren't as many outstanding opinions as there would have been if this number of opinions had come out by this point in previous terms. Of course this is counterbalanced by the fact that we might expect them to issue opinions more quickly due to the lower case load. Perhaps it would be more helpful to look at this in terms of what percentage of the cases have had opinions issued. Since the number of cases is much lower, the number of eventual opinions would be lower, which means that there aren’t as many outstanding opinions as there would have been if this number of opinions had come out by this point in previous terms.

Of course this is counterbalanced by the fact that we might expect them to issue opinions more quickly due to the lower case load.

]]> By: Steve Mayer http://www.scotusblog.com/wp/the-pace-of-the-courts-decisionmaking/comment-page-1/#comment-11087 Steve Mayer Mon, 16 Apr 2007 21:29:10 +0000 http://www.scotusblog.com/wp/uncategorized/the-pace-of-the-courts-decisionmaking/#comment-11087 Dan Bromberg's comments about California appellate procedure tell only part of the story. Because the California appellate courts must usually decide cases within 90 days of "submission," which usually occurs at the end of oral argument, the decisional process is "front-loaded." In practical terms, this means that the court will prepare a draft opinion prior to argument. This makes oral argument in the California courts quite a bit less important than argument in the federal appellate courts, where the first conference of the judges (or Justices) usually occurs after argument. Moreover, it's not correct to say that all California cases are decided within 90 days of argument; although the power is sparingly used, appellate courts have the power under Rules 8.256(e)(1) and 8.524(h)(2) to start the clock running again after oral argument. Dan Bromberg’s comments about California appellate procedure tell only part of the story. Because the California appellate courts must usually decide cases within 90 days of “submission,” which usually occurs at the end of oral argument, the decisional process is “front-loaded.” In practical terms, this means that the court will prepare a draft opinion prior to argument. This makes oral argument in the California courts quite a bit less important than argument in the federal appellate courts, where the first conference of the judges (or Justices) usually occurs after argument. Moreover, it’s not correct to say that all California cases are decided within 90 days of argument; although the power is sparingly used, appellate courts have the power under Rules 8.256(e)(1) and 8.524(h)(2) to start the clock running again after oral argument.

]]> By: Dan Bromberg http://www.scotusblog.com/wp/the-pace-of-the-courts-decisionmaking/comment-page-1/#comment-11086 Dan Bromberg Mon, 16 Apr 2007 16:54:31 +0000 http://www.scotusblog.com/wp/uncategorized/the-pace-of-the-courts-decisionmaking/#comment-11086 Although the Supreme Court issues decisions quickly, it pales in comparison with the California appellate courts. Under California law, to get paid each month, state appellate judges must execute an affidavit stating that they have no cases that have been pending for more than 90 days after submission. Moreover, many appellate courts have an unwritten policy of rendering decisions within 30 days of oral argument. Not surprisingly, these incentives work. So you can be sure that opinions will be issued no more than 90 days after oral argument in any course. Of course, California appellate courts have discretion over how long to take to schedule oral argument, which sometimes leads to long delays on the front end. Although the Supreme Court issues decisions quickly, it pales in comparison with the California appellate courts. Under California law, to get paid each month, state appellate judges must execute an affidavit stating that they have no cases that have been pending for more than 90 days after submission. Moreover, many appellate courts have an unwritten policy of rendering decisions within 30 days of oral argument. Not surprisingly, these incentives work. So you can be sure that opinions will be issued no more than 90 days after oral argument in any course.

Of course, California appellate courts have discretion over how long to take to schedule oral argument, which sometimes leads to long delays on the front end.

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