With the U.S. Supreme Court beginning its 2014 term next month, we conduct our 30th 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 Supreme Court ended its 2013 term with one of the highest percentages of unanimous opinions in decades. Approximately two-thirds of the court’s merits cases resulted in unanimous decisions, compared to only 10 cases (roughly 15 percent of the docket) resolved by split 5-4 decisions. Many of the unanimous decisions, however, masked sharp disagreements in reasoning among the justices, leading some commentators to label the apparent agreement “illusory.”1 And the 5-4 decisions revealed a court that is still very much divided on matters such as campaign finance regulations, the role of religion in public life, and the death penalty.2
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