Statistics

Editor's Note :

Statistics

Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe

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

Majority opinions authored by sitting

Pace of grants

Pace of decisions

Circuits

Voting relationships – OT2018

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

Majority opinions authored by sitting

Pace of grants

Pace of decisions

Circuits

Voting relationships – OT2018

June 2019

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Conference of June 13, 2019

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 Interim Stat Pack for the October 2018 term, published June 14, 2019, can be found here. 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 (6)	March (9)	April (12)
Weyerhaeuser	Schein	Apple	Merck	Return Mail	Bethune	Brunetti
Mt. Lemmon	Lamps Plus	Nieves	Obduskey	Mission Prd.	Smith	~~Emulex~~ (DIG)
Gundy	Cougar Den	Nutraceutical	Herrera	Manhattan	Cochise	Parker
Madison	Garza	Murphy	Fourth Est.	Haymond	Flowers	Kaestner Tr.
~~Knick~~ (rearg.)	Frank	Timbs	Hyatt	Mont	PDR	Davis
New Prime	Jam	Dawson	Thacker	Am. Legion	Dutra	McDonough
Stokeling	Sturgeon	Lorenzo	Rimini		Rucho	Food Mrkt.
Stitt	Va. Uranium	Biestek	Home Dpt.		Benisek	Fort Bend
Preap	Bucklew	Helsinn	Allina		Kisor	Commerce
Air & Liquid	BNSF Railway	Gamble	Knick			Mitchell
	Harrison		Tenn. Wine			Rehaif
	Culbertson					Quarles
						Taggart


	Oct.	Nov.	Dec.	Jan.	Feb.	March	April	Total
Argued	9*	12	10	11	6	9	12*	69

Roberts	1	2	1					4
Thomas	1	1	1	2	1	1	1	8
Ginsburg	1	1	1	1			1	5
Breyer	1	1	1	2			1	6
Alito	1	1						2
Sotomayor		1	1	1	1	1		5
Kagan	1	1	1	1	1			5
Gorsuch	1	1	1	1				4
Kavanaugh	1	1	1	1			1	5
Per Cur.		1						1

Remaining	1	1	2	2	3	7	8	24
	Oct.	Nov.	Dec.	Jan.	Feb.	March	April	Total

*The October sitting included 10 arguments; Knick was later set for reargument in the January sitting. The April sitting included 13 arguments; Emulex was later dismissed as improvidently granted.

*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%	1	1	50%	50%
CA2	5	7%	0	1	0%	100%
CA3	3	4%	1	1	50%	50%
CA4	4	5%	1	0	100%	0%
CA5	4	5%	1	2	33.33%	66.67%
CA6	7	9%	3	3	50%	50%
CA7	1	1%	0	1	0%	100%
CA8	4	5%	1	2	33.33%	66.67%
CA9	14	19%	2	11	15.38%	84.62%
CA10	3	4%	1	0	100%	0%
CA11	7	9%	3	2	60%	40%
CADC	3	4%	2	1	66.67%	33.33&
CAFC	4	5%	1	1	50%	50%
CAAF	0	–
State	11	15%	1	7	12.5%	87.5%
Dist. Court	3	4%
Orig.	0	–	N/A	N/A	N/A	N/A
Total	75	100%	18	33	35.3%	64.7%

	Justice Agreement in full, in part, or in judgment
	CT	RBG	SGB	SAA	SMS	EK	NMG	BMK
JGR	80%	76%	74%	90%	76%	80%	74%	95%
	CT	60%	62%	90%	60%	64%	82%	81%
		RBG	86%	66%	99%	92%	66%	72%
			SGB	68%	86%	94%	64%	79%
				SAA	66%	70%	84%	91%
					SMS	92%	70%	72%
						EK	66%	77%
							NMG	74%
								BMK

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Interim Stat Pack for October Term 2018 – Adam Feldman

Justices release financial disclosures – Amy Howe

Challengers ask justices to put off census decision – Amy Howe
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This Week at the Court
The Supreme Court will release orders from the June 13 conference on Monday at 9:30 a.m.; John Elwood's "Relist Watch" compiles the petitions that were relisted for this conference.
There is a possibility of opinions on Monday at 10 a.m.
On Thursday, the justices meet for their June 20 conference.
Major Cases
- Department of Commerce v. New York
  (1) Whether the district court erred in enjoining the secretary of the Department of Commerce from reinstating a question about citizenship to the 2020 decennial census on the ground that the secretary’s decision violated the Administrative Procedure Act, 5 U.S.C. 701 et seq; (2) whether, in an action seeking to set aside agency action under the APA, 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 -- without a strong showing that the decisionmaker disbelieved the objective reasons in the administrative record, irreversibly prejudged the issue, or acted on a legally forbidden basis; and (3) whether the secretary’s decision to add a citizenship question to the decennial census violated the enumeration clause of the U.S. Constitution.
- Lamone v. Benisek
  In case in which the plaintiffs allege that a Maryland congressional district was gerrymandered to retaliate against them for their political views: (1) whether the various legal claims articulated by the three-judge district court are unmanageable; (2) whether the three-judge district court erred when, in granting plaintiffs’ motion for summary judgment, it resolved disputes of material fact as to multiple elements of plaintiffs’ claims, failed to view the evidence in the light most favorable to the non-moving party, and treated as “undisputed” evidence that is the subject of still-unresolved hearsay and other evidentiary objections; and (3) whether the three-judge district court abused its discretion in entering an injunction despite the plaintiffs’ years-long delay in seeking injunctive relief, rendering the remedy applicable to at most one election before the next decennial census necessitates another redistricting.
- 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.
- Rucho v. Common Cause
  (1) Whether plaintiffs have standing to press their partisan gerrymandering claims; (2) whether plaintiffs’ partisan gerrymandering claims are justiciable; and (3) whether North Carolina’s 2016 congressional map is, in fact, an unconstitutional partisan gerrymander.
- 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.
see all this term’s cases »
Recent Decisions
- Quarles v. United States Michigan’s third-degree home-invasion statute substantially corresponds to or is narrower than generic burglary for purposes of qualifying for enhanced sentencing under the Armed Career Criminal Act.
- Parker Drilling Management Services, Ltd. v. Newton Under the Outer Continental Shelf Lands Act, when federal law addresses the relevant issue, state law is not adopted as surrogate federal law on the Outer Continental Shelf.
- Return Mail Inc. v. United States Postal Service The federal government is not a “person” capable of petitioning the Patent Trial and Appeal Board to institute patent review proceedings under the Leahy-Smith America Invents Act.
- Azar v. Allina Health Services Because the Department of Health and Human Services neglected its statutory notice-and-comment obligations when it revealed a new policy that dramatically – and retroactively – reduced Medicare payments to hospitals serving low-income patients, its policy must be vacated.
- Fort Bend County, Texas v. Davis The charge-filing precondition to suit set out in Title VII of the Civil Rights Act of 1964 is not a jurisdictional requirement.
- Mont v. United States Pretrial detention later credited as time served for a new conviction tolls a supervised-release term under 18 U.S.C. §3624(e), even if the court must make the tolling calculation after learning whether the time will be credited.
- Taggart v. Lorenzen A creditor may be held in civil contempt for violating a bankruptcy court’s discharge order if there is no fair ground of doubt as to whether the order barred the creditor’s conduct.
see all this term’s cases »
Current Relists
- Jordan v. City of Darien, Georgia Whether the existence of probable cause defeats a First Amendment retaliatory arrest claim as a matter of law.
- Klein v. Oregon Bureau of Labor and Industries (1) Whether Oregon violated the free speech and free exercise clauses of the First Amendment by compelling the Kleins to design and create a custom wedding cake to celebrate a same-sex wedding ritual in violation of their sincerely held religious beliefs; (2) whether the Supreme Court should overrule Employment Division, Department of Human Resources of Oregon v. Smith; and (3) whether the Supreme Court should reaffirm Smith’s hybrid-rights doctrine, applying strict scrutiny to free exercise claims that implicate other fundamental rights, and resolve the circuit split over the doctrine’s precedential status.
- McGee v. McFadden (1) Whether the U.S. Court of Appeals for the 4th Circuit erred when it found no constitutional error when the state failed to disclose Brady evidence, a letter from a jailhouse snitch, until the post-trial hearing for a motion for a new trial; (2) whether the state and federal courts’ decisions were contrary to Giglio v. United States, United States v. Bagley, Brady v. Maryland and Napue v. Illinois when the state failed to disclose material impeachment evidence, a letter from a jailhouse snitch who testified that petitioner confessed to him; and (3) whether the state and federal courts erred in finding that trial counsel rendered effective assistance of counsel when he failed to interview Michael Jones and call him as a witness.
More Petitions »
Recent Special Features
Statistical Snapshot

Cases argued 69

Cases decided 42

Summary reversals 5

Merits cases granted to date 73

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Justice Thomas at the Supreme Court Historical Society

On June 3, Justice Clarence Thomas spoke with David Rubenstein for the Supreme Court Historical Society’s annual lecture at the Supreme Court.

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Awarded the Peabody Award for excellence in electronic media.
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Awarded the Sigma Delta Chi deadline reporting award for online coverage of the Affordable Care Act decision.
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Awarded the National Press Club's Breaking News Award for coverage of the Affordable Care Act decision.
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	Justice Agreement in full, in part, or in judgment
	CT	RBG	SGB	SAA	SMS	EK	NMG	BMK
JGR	80%	76%	74%	90%	76%	80%	74%	95%
	CT	60%	62%	90%	60%	64%	82%	81%
		RBG	86%	66%	99%	92%	66%	72%
			SGB	68%	86%	94%	64%	79%
				SAA	66%	70%	84%	91%
					SMS	92%	70%	72%
						EK	66%	77%
							NMG	74%
								BMK

Cases argued	69
Cases decided	42
Summary reversals	5
Merits cases granted to date	73

	Justice Agreement in full, in part, or in judgment
	CT	RBG	SGB	SAA	SMS	EK	NMG	BMK
JGR	80%	76%	74%	90%	76%	80%	74%	95%
	CT	60%	62%	90%	60%	64%	82%	81%
		RBG	86%	66%	99%	92%	66%	72%
			SGB	68%	86%	94%	64%	79%
				SAA	66%	70%	84%	91%
					SMS	92%	70%	72%
						EK	66%	77%
							NMG	74%
								BMK

3
Orders
Opinions

6
Conference

10
Orders
Opinions

13
Conference

17
Orders
Opinions

20
Conference

	Justice Agreement in full, in part, or in judgment
	CT	RBG	SGB	SAA	SMS	EK	NMG	BMK
JGR	80%	76%	74%	90%	76%	80%	74%	95%
	CT	60%	62%	90%	60%	64%	82%	81%
		RBG	86%	66%	99%	92%	66%	72%
			SGB	68%	86%	94%	64%	79%
				SAA	66%	70%	84%	91%
					SMS	92%	70%	72%
						EK	66%	77%
							NMG	74%
								BMK