For information on the Supreme Court and cases pending before the SCOTUS, the law library offers a wide range of commercial databases, along with free Internet resources.
These resources can provide almost anything you may want to know about a case at the Court. For an example, consider Zivotofsky v. Kerry, a case involving the constitutionality of a statute that directs the Secretary of State, or request, to record the birthplace of an American citizen born in Jerusalem as “Israel” on a United States passport. The Court’s web site provides docket information about the case, and much else: after the case was argued last week before the Justices, the transcript was posted later that day; and the audio recording of the argument was posted on Friday afternoon, following the Justices’ conference.
Among sources that compile information about the case, see SCOTUSblog for links to the briefs on the case; news coverage and links to commentary on the case; and a link to the lower court decision, which held the statute in question unconstitutional.
Among subscription services, Bloomberg BNA’s U.S. Law Week provides several useful tools for tracking the case, including the case summary from the Supreme Court Today Navigator, and news coverage at all stages of the case–e.g., the story on last week’s argument. Major general newspapers, such as The New York Times and The Washington Post, are also excellent sources.
For news once the Court issues its opinion in the case, try also The Supreme Court Bulletin (syllabi of new opinions from Cornell’s LII) or Justia’s Opinion Summaries. For up-to-the-minute coverage, nothing beats the Twitter feeds of SCOTUSblog, other news sources or legal correspondents who cover the Court (Adam Liptak, Nina Totenberg).
Supreme Court watchers are eagerly anticipating word whether the Court will decide to take up the issue whether same-sex couples have a constitutional right to get married. In recent weeks, SCOTUSblog and other news sources reported on the Court’s “long conference” on September 29, where petitions for writs of certiorari in several marriage cases were scheduled for consideration.
If the court declines to address the issue in this Term, the chief consequence would be freedom to marry in 11 states. Federal District Court and Circuit Court of Appeals rulings have struck down marriage bans, but those rulings have been stayed (see here, here and here) pending action by the Supreme Court. Once the stays are lifted, the rulings take effect.
Reports of the oral argument in the 6th Circuit Court of Appeals in August suggested the panel in that case appeared more inclined to uphold the state marriage bans than judges in other Circuit Courts. In an appearance at the University of Minnesota Law School, Justice Ginsburg commented that unless the 6th Circuit upheld a same-sex marriage ban, thus creating a split among the circuits, there would be “no urgency” for the Court to take up the issue in the short term.
To date, there is no word whether the Court will grant certiorari on any of the cases discussed at Monday’s conference. When those decisions have been made, they will be announced in the Court’s Order lists. And there will be extensive coverage in the news outlets that cover the Court. Stay tuned.
UPDATE: On October 2, NPR’s Nina Totenberg noted that the Court had declined, in releasing an Order list in pending cases, to take up any of the pending marriage cases on the merits. She concluded, “sometime in the next few weeks, the high court very likely — though not certainly — will announce which gay-marriage cases it has chosen as test cases for review.”
In each annual Term, the first oral arguments before the United States Supreme Court take place on the first Monday in October.
There are very many sources of information to track cases pending before the Court. Some that you may find helpful:
- The Supreme Court Bulletin, a publication of Cornell’s Legal Information Institute, is regular e-newsletter that provides previews of pending cases and reports the syllabus of each new decision on the day it is released
- United States Law Week includes an extensive array of Supreme Court information, including detailed news coverage at all stages of cases, such as the filing of writs of certiorari, oral arguments and analyses of new opinions
- SCOTUSblog provides extensive news about Court developments, including a Merits Briefs section that provides access to briefs filed in pending and recent cases
- Justia’s Opinion Summaries include summaries of new opinions from many courts, including SCOTUS, and weekly topical newsletters with summaries from various courts
You may also find legal blogs, such as Constitutional Law Prof blog, The Volokh Conspiracy and Balkinization, to be excellent sources for commentary and analysis on cases before SCOTUS and recent decisions.
Since the Supreme Court’s 2013 decision in United States v. Windsor, no legal issue in the U.S. has been followed more closely than the question whether same-sex couples have a constitutional right to get married.
There are many current awareness tools to monitor the topic. among them, consider these:
The same range of tools can be used to monitor or locate information on other subjects. Whatever you topic, give these tools a try!
Researching executive actions, orders or proclamations used to be a painstaking and at time tedious task…
Thankfully those times have come and gone with the availability of Proquest Congressional’s library entitled: “Proquest Executive Orders and Presidential Proclamations 1789-2014.” This comprehensive collection includes all numbered and unnumbered orders. (Sidebar–>Did you know that the first numbered order began with Lincoln’s Emancipation Proclamation?)
This exhaustive collection also includes those orders issued in the President’s name by Secretaries of Federal departments, those issued at the request of the Presidents without specific statutory authority and directives, decisions and determinations other than those officially numbered.
Proquest Congressional’s Executive Branch Documents is also a treasure-trove and worth investigating when researching in this area. Find these resources on the A-Z list .
The great website GPO Access, the home of official U.S. Government documents, has changed its format as well as it’s name. It’s now called FDsys, but it still has the same great content. Take a look at the current FDsys “Featured Collections.”
Now that’s what I call official!
The new link is spelled out below.
Interested in learning about the Law of Indigenous Peoples? The Library has a class for that: Wednesday, February 19th at 1 PM in room 334. This class is part of our “Hot Topic” series offered through the “Legal Research Skills for Practice” Certification program designed to broaden and hone your research efficiency.
Sign up now at:
Researching the regulations promulgated by administrative agencies is an important component of U.S. legal research. This class will include finding regulations, working with the principal federal publications for locating agency regulations (Federal Register and the Code of Federal Regulations), and updating research to locate the most current information.
Class page: http://lawlibraryguides.bu.edu/cert2014_adminregs
Administrative Law Research
Feb. 14 & 18 | 1 p.m. (Room 334)
David Bachman, instructor; email@example.com
The convenience of the major commercial legal databases has made them so popular that many law students rely on them almost exclusively for legal research. This session will highlight free tools available via Internet that are increasingly important for lawyers who need to do cost-effective research in the current economic environment. In some cases, these resources are as good as (or better than) anything provided by commercial publishers. In this class, offered next week on Monday, Tuesday and Wednesday, we’ll consider resources for both primary and secondary legal sources, including: federal and state government web sites, Google Scholar (and tips for using Google) and current awareness tools.
Class page: http://lawlibraryguides.bu.edu/cert_2014-free
Free Legal Research
Feb. 3, 4, 5 | 1 p.m. (Room 334)
David Bachman, instructor; firstname.lastname@example.org
The resources that you can use to monitor a case at the Supreme Court include free and subscription services that are available to BU Law students. One of the most high profile cases in the Court’s current Term is NLRB v. Noel Canning, involving the President’s power to make recess appointments without the consent of the Senate.
To learn about the case, including the most current information, consider availability of these, among other sources:
- the transcript of the oral argument, posted to the Court’s website within hours of the argument on Jan. 13
- the docket for the case, 12-1281, updated to the present, also from the Court
- Lyle Denniston’s same-day coverage of the oral argument on SCOTUSBlog
- from SCOTUSBlog’s Merits Briefs section, more extensive news coverage and links to all the briefs filed in the case
- coverage of the case on United States Law Week, including a detailed story following the oral argument (Kerberos password required)
When the Court releases its opinion, probably in the Spring, these sources and many others will provide access to the full text. For a same-day announcement of this and other SCOTUS cases, you might consider signing up for the Supreme Court Bulletin, a service of Cornell’s Legal Information Institute.
For more SCOTUS resources, see our research guide on court documents; or check out our guide to current awareness tools for links to other updates and news sources.