The mystery of the missing SCOTUS opinions

October Term 2022 continues to be a term of longer arguments and fewer opinions. The Supreme Court has issued fewer opinions at this point in its term than during any term in the past century, even though it hears far fewer cases…

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The story notes several potential causes of the Court’s slower performance: the leak investigation, the need to deal with filings on the “emergency docket” (aka the “shadow docket”), and the dispropportionate share of cases that address complex questions likely to splinter the justices.

It also appears that justices have been writing more. As the number of majority opinions has dropped, the number of concurrences and dissents appears to have held steady. In October Term 2005, for instance, there were 95 concurrences and dissents for 82 majority opinions. Last term there were also 95 concurrences and dissents, but only 57 majority opinions.

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