Stephen Wermiel
- Indexed articles, last 90 days
- 3
- Latest publication
- Sep 24, 2026
- Outlet visibility, for SCOTUSblog
- Top 500K sites
- Earliest in this view
- Jul 10, 2026
Latest articles
The rule of four and role of custom on the Supreme Court (opens the original)
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When the justices return to meet in conference next week and take the bench on Oct. 5, the first day of the 2026-27 term, a major focus will be on what new cases the court will add to its docket for oral argument and decision. At the center of deciding what cases to decide is a 100-year-old custom known as the rule of four. Simply put, this rule means that the court will hear a case when four justices vote in favor, even if a majority of justices did not want to do so. This sounds straightforwar
The tenth justice’s strategy (opens the original)
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Analysis of the Supreme Court’s decisions most often focuses on the opinions and votes of the justices. Sometimes, though, strategic decisions by lawyers about how to argue a case may play a significant role in what the justices decide. When those strategic decisions are made by the solicitor general on behalf of the federal government, they take on extra significance and become of particular interest. Let us start with a caveat. It is impossible to determine with any precision how influential l
High court mysteries (opens the original)
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One might argue that Supreme Court justices are more visible today than ever before. Six have published books and Brett Kavanaugh is apparently working on one to become the seventh. Several have recently given television interviews, others have not shied from making public statements. Yet (as SCOTUSblog readers are likely aware) the Supreme Court is not necessarily a very transparent institution. It still has many mysteries spanning a wide variety of customs, practices, and events. This column w
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