Our prime “nearer seems to be” on the Supreme Court docket

In late September, we launched our expanded day by day e-newsletter, SCOTUStoday. Since then, we’ve launched 71 editions of it, together with 61 “A Nearer Appears” – which give attention to particulars of the Supreme Court docket’s work which may be unfamiliar to even diehard court docket watchers.  

Having now reached the tip of 2025, I’ve grouped our nearer seems to be into seven thematic buckets, every of which displays the big range of subjects we’ve coated this yr. 

The primary bucket contains 11 nearer seems to be that gave context round present or upcoming circumstances (see, for instance, the First Step Act and the Slaughter argument), whereas 21 nearer seems to be served as explainers on the court docket’s historical past and its practices (such because the justices’ circuit assignments, the highest (basketball) court in the land, and the impeachment of a justice). We used 9 to spotlight both one other SCOTUSblog put up or occasion – from the term preview at the SCOTUSblog Summit to this yr’s Red Mass – and 5 to cowl previous circumstances which might be key for this time period (akin to Humphrey’s Executor or Atkins v. Virginia). 

We additionally generally dug into particular petitions to the court docket – six nearer seems to be targeted on these, together with Bannon v. United States and petitions up for review at upcoming Supreme Court docket conferences. The ultimate two classes embody the interim docket (5 nearer seems to be, together with one on just what to call *that* docket) and biographies of previous justices (4). 

That’s all properly and good, however with out additional ado, right here’s a roundup of my prime 5 favourite nearer seems to be (abridged for comfort): 

1. The Longest Supreme Court Opinion

Supreme Court docket opinions have grown longer over time, from a median of two,000 phrases within the Nineteen Fifties to roughly 5,300 final time period. But the record-holder stays the per curiam opinion in 1976’s Buckley v. Valeo, which upheld limits on marketing campaign contributions however struck down spending restrictions. As for the present court docket, Justice Samuel Alito tends to jot down prolonged majority opinions, akin to Dobbs v. Jackson Women’s Health Organization at 35,631 phrases. Chief Justice John Roberts leads in majority opinion phrase rely, nevertheless, whereas dissents from Justices Sonia Sotomayor and Ketanji Brown Jackson are notably verbose. However whereas longer opinions could sign significance, they aren’t all the time preferrred – as Roberts himself has expressed about authorized briefs. 

2. Sovereign Immunity and the Federal Tort Claims Act

On the floor, this will likely not sound like an important matter, however the Federal Tort Claims Act has some severe implications. Traditionally, sovereign immunity shielded the U.S. authorities from lawsuits except Congress allowed in any other case. In 1946, the Federal Tort Claims Act waived the USA’ sovereign immunity in circumstances the place a authorities worker was chargeable for harm, lack of property, or demise within the state the place the wrongful or negligent act befell – albeit with some controversial exceptions. And a few of these exceptions have led to a thicket of circumstances earlier than the court docket, together with this very time period. 

3. A Brief History of Supreme Court Clerkships

A Supreme Court docket justice’s most lasting affect could come via their clerks, lots of whom grow to be judges (or justices) themselves. However clerkships weren’t all the time round – they started within the late nineteenth century, and early clerks served a way more ministerial position. Justice Horace Grey employed the primary clerk out-of-pocket in 1882, and Congress then funded one per justice in 1886 as a result of court docket’s rising docket. At present, clerks are key, a lot in order that Justice Amy Coney Barrett not too long ago wrote that it will be “not possible” to explain the work of the fashionable court docket with out describing the contributions made by them. 

4. The Justices’ Book Deals

Seven of 9 present justices – everybody however Roberts and Justice Elena Kagan – have authored books or have e-book offers, with latest excursions by Barrett, Jackson, Sotomayor, and former Justice Anthony Kennedy. That mentioned, justices authoring or enhancing books is nothing new. In 2012, SCOTUSblog’s personal Ronald Collins listed 353 works written or edited by Supreme Court docket justices, from John Jay to Sandra Day O’Connor. And doing so may be fairly profitable: Monetary disclosures present e-book advances for Jackson and Barrett of $2 million. 

5. The Sad Story of Samuel Chase

Justice Samuel Chase has the excellence of being the only impeached Supreme Court docket justice. Chase, who sat on the court docket from 1796 to 1811, was a former Maryland legislator and signer of the Declaration of Independence and the Structure; he was additionally a fervent opponent of British insurance policies, served in Congress, and later grew to become a Federalist choose. However his temperament wasn’t, properly, the best. He was impeached (alongside partisan traces) after supposedly refusing to dismiss biased jurors, limiting protection witnesses, preemptively ruling on treason legislation, and utilizing grand jury fees to rail in opposition to his ideological opponents. Nonetheless, Chase’s Senate trial led to acquittal, and Chase continued serving on the court docket, though his participation diminished on account of declining well being, together with extreme gout that usually saved him from periods. 

For a lot of extra nearer seems to be in the course of the coming yr, please subscribe to SCOTUStoday. And thanks for being a part of the SCOTUSblog group!