For the past few weeks, we’ve been analyzing the distribution of majority opinions among the Justices in civil, criminal and death penalty cases, and which Justices tend to write the longest (and shortest) opinions.
Yesterday, we looked for evidence that questioning at oral argument is driven by a desire to persuade a Justice’s colleagues by comparing the average questions to each side in non-unanimous versus unanimous decisions on the civil docket.
There are many theories among the appellate bar about what sparks questions from the court during oral argument.
Appellate lawyers are the legal equivalent of a parent that you call to help navigate life’s uncertainties. In action, this means that appellate lawyers receive phone calls regarding obscure areas of law or rarely utilized procedures.
Yesterday, we continued our analysis of the Court’s majority opinions, reviewing which Justices wrote most and least often for the Court in non-death criminal matters, and which tended to write the longest and shortest majority opinions for the years 2000-2007.