NCJ Number
143598
Journal
Justice System Journal Volume: 14 Issue: 1 Dated: (1990) Pages: 95-102
Date Published
1990
Length
8 pages
Annotation
The eight terms of the United States Supreme Court from 1946 through 1953 were analyzed to determine the extent to which orally argued cases are held over to the next term and the circumstances under which such action takes place.
Abstract
Results that 4.3 percent of the cases were held over. A detailed analysis of the 33 holdover decisions revealed that in 33 percent of the holdover decisions, the original vote was either 4 to 4 or 4 to 3 and the Court was awaiting the return of an absent justice. In another 30 percent of these decisions, the case was held over because the justice who was assigned to write the Opinion of the Court was no longer in the majority. The case was held over and a new justice was selected to write the majority opinion. In 18 percent of the cases, a justice was selected to write the Opinion of the Court in the first term, but the Court was not ready to hand down its decision at the end of that term. The case was held over, and the Opinion of the Court was reassigned to the same justice. Footnote