HeyJaredAdam Feldman
- Indexed articles, last 90 days
- 6
- Latest publication
- Aug 31, 2026
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- Jul 9, 2026
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The 3-3-2-1 court? (opens the original)
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In an earlier article I looked at all of the merits decisions since the Supreme Court’s newest member, Justice Ketanji Brown Jackson, joined the court four years ago, to see who is its most “ideological” justice. I found a court with clear ideological poles but also a group of justices much closer to the middle. Chief Justice John Roberts was only 3.4% from 50/50 conservative/liberal outcomes – that is, voting for conservative and liberal outcomes in an equal amount of merits cases. Justice Amy
Who is Justice Barrett? (opens the original)
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In 2024, Justice Amy Coney Barrett ended the Supreme Court’s term with two dissents that complicated the usual descriptions of her as a textbook conservative. In Ohio v. EPA, decided on June 27, 2024, Barrett joined the court’s three liberal justices in opposing emergency relief from a major environmental regulation. One day later, in Fischer v. United States, she joined Justices Elena Kagan and Sonia Sotomayor in arguing that a federal obstruction statute covered certain conduct associated with
Beyond the swing justice: majority makers, dissent bridges, and coalition drift on the Supreme Court (opens the original)
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Justice Amy Coney Barrett recently resisted a label that has followed several members of the current Supreme Court. Asked whether her occasional breaks with the court’s conservative majority meant she was a swing vote, Barrett said the term made her sound “sort of flighty.” She preferred “independent, or just following the law.” The older idea of a swing justice referred to a durable position near the court’s ideological center. Justices Lewis Powell, Sandra Day O’Connor, and Anthony Kennedy oft
How predictable is the Supreme Court from oral argument? (opens the original)
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Some Supreme Court arguments seem relatively easy to read. After the court reheard Louisiana v. Callais, SCOTUSblog reported that the court appeared “ready to curtail [a] major provision of the Voting Rights Act.” Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch had questioned the constitutionality of race-conscious redistricting, while Justice Brett Kavanaugh suggested that such remedies might require a time limit. The eventual decision confirmed the broad direction visible from the ben
The Supreme Court and the opinion-assignment guessing game (opens the original)
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As we saw this term, by late May the Supreme Court begins releasing the bulk of its merits decisions, and with it a familiar guessing game starts among court watchers. If Justice Elena Kagan has not yet written from the December sitting (that is, the cases argued that month), or Justice Neil Gorsuch has already written twice from cases argued in March, observers begin to infer who may be holding the remaining opinions. The guesses rest on a widely shared assumption about the court’s internal pra
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