The Second Circuit in the Supreme Court
In their Second Circuit Review, Martin Flumenbaum and Brad S. Karp conduct their 31st annual review of the circuit's performance in the U.S. Supreme Court over the past term—a fractious term that presented the most dissenting opinions in decades and fewer unanimous opinions than in many years—and discuss the Second Circuit decisions scheduled for review during the new term.
September 22, 2015 at 09:10 PM
12 minute read
With the U.S. Supreme Court beginning its October 2015 term next month, we conduct our 31st annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term, and briefly discuss the Second Circuit decisions scheduled for review during the new term.
The court's 2014 term was fractious, with the most dissenting opinions in decades at 68 and fewer unanimous opinions (40 percent) than in many years.1 This is in contrast to the court's 2013 term, where approximately two-thirds of the court's docket resulted in unanimous decisions.2
There were 19 5-4 opinions last term, with a higher-than-usual percentage of the majority opinions joined or authored by Justices who are considered to be among the more liberal on the court; Justices Anthony Kennedy, Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan aligned in the majority in eight of the 5-4 decisions.3 There were some familiar themes among the 5-4 decisions, revealing that the court is still deeply divided on issues such as gay marriage and the death penalty.4
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