Will Your Appeal Have Argument Soon? Part II

Now that the Court is open to the public—not just for arguing counsel but for anyone to watch arguments and visit the Court—I thought it was time to take a look at argument timing again.

Back in April 2021, I first looked because it seemed that cases were getting scheduled for argument more quickly (see post here). My perception was a reality, as cases were in fact being scheduled quicker when I compared argument timing year to year. And that was confirmed by judges who have noted in speeches that there is no backlog and cases are being set two to three months after the reply brief.

Fast forward to today, that no longer seems to be the case. Appeals you might expect to be calendared haven't been calendared yet. So that begs the question:are things slowing down? I decided to take a look again. And at least over the past three sittings, they are.