January 20, 2015 – Professor Richard Re published a post on PrawfsBlawg on SCOTUS repeaters, or cases that reach the U.S. Supreme Court twice.
What to make of these “SCOTUS repeaters”? It’s hard to draw strong conclusions from this unusual if regular phenomenon, but a few interesting possibilities present themselves.
First, maybe it's just a coincidence. Some cases may just happen to raise two certworthy issues at two different points in time. But the federal circuit courts alone decide (according to one dated statistic) around 35,000 cases on the merits annually; and, even among cases that generate cert petitions, the grant rate hovers at around 1%. So it’s unlikely that too many sequential grants in the same case would result from a random distribution of certworthy issues nationwide.
Read the post.