Tuesday, May 4, 2021

Appellate tidbits


Bloomberg Law has two items of note today. First in The Supreme Court Needs 15 Justices two law professors explain why the Supreme should have 15 justices:

  • The Supreme Court does far too Little: Last year, the Supreme Court decided 73 cases. In the 1980s, the court heard more than twice that,160 cases per term on average. The U.S. is renowned for its litigious culture, surely there cannot be less than 100 cases worthy of review each term by the apex court of the judiciary.
  • The Court avoids tough controversies
  • 15 Justices could take more, important cases
Also, following up on the 'best (i.e., worst)' oral argument of 2019, see Second Circuit Reprimands Lawyer for ‘Insulting’ Judge
A New York lawyer who responded sarcastically to a Second Circuit judge during an oral argument in 2019 and was then removed from the courtroom by security officers was publicly reprimanded by the court’s grievance committee.