The question always arises at Senate confirmation hearings on U.S. Supreme Court nominees, including Elena Kagan’s: Why is the Court issuing so few opinions these days?
The implication of the question by senators often seems to be that the justices are not working hard enough because they aren’t producing as many widgets—decisions—as their predecessors did 20-plus years ago. But at the end of the latest term that produced 77 signed decisions in argued cases, a new wrinkle emerged. The Court seems to be putting more and more energy into a different kind of widget: namely, summary decisions in cases that have not been argued or fully briefed.
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