Supreme Court Lag Times

This time, we’re measuring the length of Supreme Court review in civil cases by an alternative measure – the average number of days from the close of briefing to oral argument.  One caveat – this data set runs from the close of all briefing – including amici and any supplemental briefs – to oral argument. 

This time, we’re comparing the lag time from grant to decision in criminal cases to the ultimate case result.  In order not to bias the data, we begin by eliminating the death penalty and habeas corpus cases, where the determinants of lag time are quite different than non-death criminal cases.

Once again, there is a

Today, we’re looking at the overall lag time data: the average period from the order granting the petition for review in non-death penalty criminal cases to oral argument.

The average was 392.57 days in 1990, 310.56 in 1991, 440.04 in 1992, 451.64 in 1993, 442.29 in 1994, 485.35 in 1995, 575.1 in 1996, 320.8 in

Today, we’re reviewing the average lag time for our proxy for the Supreme Court’s decisional period in non-death penalty criminal cases: the lag time from the filing of the final brief – whether the reply brief, an amicus brief or a supplemental brief – to oral argument.

The average lag time was 262.47 days in

The average lag time from the order appointing appellate counsel in non-death criminal cases to the filing of the opening brief was 30 days in 1990, 35.14 in 1991, 44.5 in 1992, 50.38 in 1993 and 38.38 days in 1994. The average jumped to 114.35 days in 1995 before falling back to 39.71 days in

For the past few weeks, we’ve been reviewing detailed lag time data for criminal (and civil cases). Now, we’re dividing death penalty and non-death criminal cases. First up, the average lag time from the date the non-death petition to review is granted to issuance of the order appointing appellate counsel.

In 1990, the average lag