With the U.S. Supreme Court beginning its October 2017 term next month, we conduct our 33rd annual review of the performance of the U.S. Court of Appeals for the Second Circuit over the past term, and briefly discuss the court’s decisions scheduled for review during the upcoming term.
The Supreme Court gained an additional justice last term, with Justice Neil Gorsuch winning Senate confirmation to fill the seat of late Justice Antonin Scalia. Notwithstanding the changed makeup of the court, the term was marked by an unusual number of unanimous decisions: 41 out of 69 opinions (59 percent) were decided 9-0, the highest number since the October 2013 Term. See Kedar S. Bhatia, “Stat Pack for October Term 2016,” SCOTUSBLOG 5, 15-16 (June 28, 2017).
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