As the U.S. Supreme Court progresses through its current term, a critical procedural window is approaching its closure. This window determines the cases that will be heard and decided by the end of June, a matter of intense interest for litigants who have lost in lower courts and seek a definitive ruling from the nation’s highest court. According to recent insights shared by Stephen Wermiel in his Nuts and Bolts series, January typically acts as the cut-off month for new cases to be heard within the same term.
The process is deeply rooted in the Supreme Court’s annual schedule, which, by federal law, begins on the first Monday of October. The justices hear oral arguments over seven two-week sessions from October to April. Thus, cases accepted for review from September through mid-to-late January stand a chance to be argued within that term. Cases granted review post-January are typically deferred to the following term starting in October, unless expedited handling is deemed necessary.
The briefing schedules dictated by Supreme Court Rule 25 play a significant role in managing this deadline. This rule provides a structured timeline for filing briefs, beginning with the petitioner and followed by the respondent. Given these sequential deadlines, the total time available can extend to 105 days, centering around the court’s April argument sessions.
Despite the formal rules, strategic considerations influence how some practitioners approach this schedule. There is a belief among some lawyers that January conferences, where justices select cases to review, may present a greater opportunity as the court seeks to fill remaining slots for April arguments. Conversely, respondents – who typically have been victorious in lower courts – might look to avoid the January schedule to reduce the urgency of proceedings.
This nuanced dance of timing and strategy underscores both the procedural complexity and judicial discretion involved in Supreme Court operations. As emphasized in the original publication on SCOTUSblog, it remains uncertain which cases will make the cut until the court releases the April argument schedule. Thus, legal professionals remain in anticipation, awaiting this vital schedule announcement.