Internet Researcher: Selected U.S. Supreme Court Sources

John E. Christensen(*)

71 Journal of the Kansas Bar Association 32-36 (April 2002)

Copyright © 2002 by Kansas Bar Association; John E. Christensen

The Internet provides a Kansas attorney ready access to a vast array of legal research resources. The purpose of this article is to highlight selected web sites and sources related to the U.S. Supreme Court. Opinions, briefs, oral arguments, docket and other court information and current news stories are a few clicks away. E-mail notification services can alert one to the granting of cert, oral argument, and the release of an opinion. Almost all of the sites mentioned herein are available at no charge.

Official Web Site

In April 2000 the United States Supreme Court initiated its official web site {http://www.supremecourtus.gov>, which is stocked with a range of research aids of interest to legal researchers and Court watchers. The web site is not the Court's first foray into the realm of computer-assisted research. In May 1990 the court started Project Hermes as an experiment in disseminating its opinions electronically. In 1993 electronic dissemination was made official. In spring 1996 the Court launched an electronic bulletin board system to provide online access to its automated docket, slip opinions, and other aids (most files are now incorporated in the web site). The bulletin board is still operational and may be accessed by dialing (202) 554-2570. For all practical purposes the bulletin board has been superseded by the web site.

The U.S. Supreme Court's official web site is well-organized and easy to use. Links on the home page direct one to pages on the following topics: About the Supreme Court, Docket, Oral Arguments (including calendars and schedules), Bar Admissions, Court Rules, Case Handling Guides, Opinions, Orders and Journal, Visiting the Court, Public Information, and Related Websites. A Site Map link enables the researcher to view a detailed outline of the entire site. "What's New" notes features have been recently added. A Search feature permits keyword searching of the Docket files and the files at the web site.

About the Supreme Court. A dozen topics are treated briefly in this section:

All topics but the first are PDF files which require Adobe Acrobat software to view or print the information. If you do not already have Adobe Acrobat loaded on your machine there is a link at the site to permit a free download.

Docket. "The automated docket system is the Court's case tracking system. It contains information about cases, both pending and decided. The docket provided on this page contains information regarding the status of cases for both the current Term and the prior Term. The Court's term begins on the first Monday in October and ends on the preceding day the next year. The October Term 2001 began on October 1, 2001. Information on the docket is updated on the day after an entry is made on the docket.

"Users can search for cases by using a Supreme Court docket number, a lower court docket number, or a case name. The format for Supreme Court docket numbers is 'Term year-number' (e.g., 99-123; 00-45; 00-5001.). Word searches can also be accomplished." (Quoted directly from Docket page.)

Oral Arguments. The following files are available in PDF format and contain information about the current term:

Beginning with the October 2000 term, oral argument transcripts will be permanently archived at this web site. Transcripts are usually posted 15 days after completion by the court reporting service. "Where to Find Briefs" includes a listing of law libraries serving as depositories of printed Supreme Court briefs.

Bar Admissions. An application for admission to practice and instructions for admission to the United State Supreme Court Bar are available in PDF format.

Court Rules. The Order Adopting Revised Rules and Rules of the Supreme Court, adopted January 11, 1999, effective May 3, 1999 are available in PDF format.

Case Handling Guides. A Guide to Filing Paid Cases, a Guide to Filing In Forma Pauperis Cases, and a Guide for Counsel in Cases to be Argued are available in PDF format.

Opinions. The official opinions of the Supreme Court of the United States are

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contained in the bound volumes of the United States Reports. The Court's opinions and related materials are disseminated to the public in three temporary printed forms prior to issuance of the U.S. Reports: (1) bench opinions (which are transmitted electronically through the Court's Project Hermes); (2) slip opinions (which are posted at the Court's web site); and (3) preliminary prints (advance sheets). In cases of discrepancy, the opinion in the printed bound volume controls.

The following opinion files are available from the Opinions page of the web site:

An opinion of the Court is retained at the web site until published in the bound volume of U.S. Reports.

Other files accessible from the Opinions page are:

Orders and Journal. Links to the following files are found on the Orders and Journal page:

Visiting the Court. The Supreme Court building is open Monday-Friday, 9:00 am to 4:30 pm. Helpful information for visitors is contained in five PDF files: Visitor Services, Visitor's Guide to the Supreme Court, Visitor's Guide to Oral Argument, The Supreme Court Building, and Map. Photographs from the Supreme Court Collection contains exterior and interior views. Architectural Information contains photos and descriptive notes of prominent building features.

Public Information. Links to the following are provided on the Public Information page:

Where to Send Comments, Press Releases, Media Advisories, Speeches, Chief Justice's Reports on the Federal Judiciary, Helpful Telephone Numbers, A Reporter's Guide to Applications, Career Opportunities (position announcements), Supreme Court Fellows Program, Judicial Internship Program, and Building Regulations.

Related Websites. Links to fifteen other web sites are provided, including the Federal Judicial Center (which contains an extensive History of the Federal Judiciary) and the Supreme Court Historical Society (which contains a digital library of publications and a list of Significant Oral Arguments of the Supreme Court, 1955-1993).

Current Awareness Services

Several no-cost e-mail alert services can keep one apprised of recently released opinions and/or activities of the Court. The following two are recommended:

The LIIBULLETIN, provided by the Legal Information Institute of Cornell Law School since 1993, distributes the syllabi of U.S. Supreme Court decisions via e-mail within hours after their release. To subscribe to the liibulletin, either use the Web subscription form at {http:// www.law.cornell.edu/focus/bulletins.html} or send an e-mail message (in plain text) to: listserv@listserv.law.cornell.edu

Anyone with an Internet accessible e-mail address can subscribe. The message needs to read: subscribe liibulletin [followed by your name, all on one line]

You will receive e-mail bulletins containing summaries of several decisions of the U.S. Supreme Court shortly after they have been released, along with instructions on how to access the full text of those decisions.

WLO-USSC (Willamette Law Online - United States Supreme Court). Sponsored by Willamette University College of Law, and predominantly staffed by students, WLO-USSC provides case summaries and updates on the U.S. Supreme Court at the cert granted, oral argument, and decision stages. "The certiorari summaries focus on the facts and decision from the lower court. The week prior to oral arguments we provide an outline of the issues presented to the Court, as argued in the briefs. The summaries at the decision stage provide the holding from the United States Supreme Court and a brief overview of the Court's reasoning." (Quoted from web site.) The summaries (since October 1997) are grouped by year and may be viewed online at {http:// www.willamette.edu/wucl/wlo/ussupreme/index.htm}. At this site one may also subscribe to receive weekly e-mail updates at no cost.

Another opinion alert option is USSC+ Express E-mail Digest Service. It is a free service provided by InfoSynthesis, Inc. Subscribers receive email digests of recently decided United States Supreme Court cases. Each email contains a subject matter designation for the case, a

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one-paragraph opinion summary, and a link to the full text of the opinion in PDF format. In exchange for the free service InfoSynthesis includes marketing information for its own products but no outside advertising. One may subscribe at {http:// www.usscplus.com/express/index.html}.

U.S. Supreme Court Records & Briefs

FindLaw, one of the most popular legal research portals on the Web { http://www.findlaw.com}, began providing full text of U.S. Supreme Court briefs at {http://supreme.findlaw.com/supreme_court/briefs/index.html} with the October 1999 term. Listed in alphabetical order by case name, principal briefs and amicus briefs are accessible in PDF format. Docket numbers are included with case names in the listing.

Briefs filed by the Solicitor General in recent years are available at {http://www.usdoj.gov/osg/}. Virtually all briefs from 1998 are keyword searchable. Selected briefs are keyword searchable for 1982-1996.

For a fee, briefs from the October 1984 term to date are available from BriefServe.com {http://www.briefserve.com}. Lexis {http://www.lexis.com} contains U.S. Supreme Court Briefs from January 1979. Westlaw {http:// www.westlaw.com} coverage begins in 1990 for Merits briefs and 1995 for Amicus briefs.

While this article is focused on Internet resources it may be of interest to note that both KU and Washburn law school libraries have collections of U.S. Supreme Court Records and Briefs in microform. KU's holdings begin with 1939 and Washburn's start with 1974. Regionally, the University of Iowa has the most extensive collection with coverage beginning in 1832. Both Washburn and KU have "Landmark Briefs and Arguments of the Supreme Court of the United States," a set of over 100 bound volumes containing materials from 1793- selected by scholars Philip B. Kurland and Gerhard Casper. Washburn has volumes 1-100 and KU has volumes 101- date.

Oral Arguments

Audio recordings of oral arguments before the United States Supreme Court have been made since 1955 and are in custody of the National Archives. The Oyez! Project web site {http://oyez.nwu.edu}, developed at Northwestern University by Jerry Goldman, provides web access to oral arguments of over 600 constitutional law decisions via digital audio streaming technology. Real Player or similar software, available at no cost, is required to listen to the digitized recordings. From the home page click on "Cases". The database is searchable by case name, subject (25 topic headings), date of decision, or U.S. Reports citation. Access is also provided to the written decisions through a transparent link to the FindLaw collection. A docket entry, abstract (facts, question, conclusion), and voting record are provided for each case.

Oyez! has other features of interest: On This Date in US Supreme Court History, The Current Justices, List of Justices in Appointment Order, List of Justices in Alphabetic Order by Last Name, Search Justices by Name, Virtual Tour of the Supreme Court Building, Frequently Asked Questions, and Info about a CD multimedia collection called The Supreme Court's Greatest Hits.

As noted above, transcripts of oral arguments from the October 2000 term forward are being permanently archived at the official U.S. Supreme Court web site. Selections of the most significant oral arguments (1955-1993) are noted at the web site of the Supreme Court Historical Society {http:// www.supremecourthistory.org}. Kansas attorneys may wish to know that transcripts of oral arguments are available in microfiche at the law school libraries of both Washburn and KU.

Opinions

Extensive collections of U.S. Supreme Court opinions are available on the Web. Some sources are free and others are fee-based. The major sites are noted in the accompanying table and briefly described in the following paragraphs. Vendors are listed in order by size of collection of U.S. Supreme Court opinions.

Free Sources of U.S. Supreme Court Opinions on the Web (Provider | URL | Coverage):

LexisONE {http://www.lexisone.com}. LexisONE is a site operated by Lexis to attract solo practitioners. Free resources include the most extensive collection of U.S. Supreme Court opinions (1790-date), a selection of federal and state cases from January 1, 1996, a Legal Internet Guide (22,000 links in 32 categories), and a free forms bank. Registration is required. Opinions are searchable by citation or keyword.

FindLaw {http://supreme.findlaw.com}. West Group purchased Findlaw in 2001 but indicates that many of the features at this popular portal will remain free of charge. Its collection of U.S. Supreme Court Opinions begins with volume 150 of U.S. Reports and covers the years 1893 to date. It is browsable by year and by U.S. Reports volume number. It is keyword searchable by case name, citation, or full text. A "Supreme Court Center" {http://supreme.lp.findlaw.com/supreme_ court/resources.html} pulls together information on cases, docket, decisions, orders, briefs, rules, guides and calendar. Other features at FindLaw include Supreme Court news and the ability to subscribe to e-mail newsletters and opinion summaries.

USSC+ Online {http://www.usscplus.com}. InfoSynthesis, Inc. provides free access to over 18,000 U.S. Supreme Court opinions from volume 144 of U.S. Reports and covers the years 1892 to date. The data base is searchable by subject (2,800 terms), citation, party, and word or phrase. Registrants can receive email digests of new opinions within hours of release. InfoSynthesis sells two CD-ROM products of possible interest: USSC+ CD-ROM Full Edition ($79) and a version containing the 1,000 most-cited cases, USSC+ CD Top 1000 CD-ROM (about $30).

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FedWorld {http://www.fedworld.gov/supcourt/index.htm}. An early computer-assisted legal research project was the Air Force's Federal Legal Information Through Electronics (FLITE). Its full-text database of U.S. Supreme Court opinions, covering volumes 300-422 of U.S. Reports from 1937 to 1975, is made available at the FedWorld site. The ascii text files are searchable by keyword or case name.

Cornell University's Legal Information Institute {http:// supct.law.cornell.edu/supct/} maintains two collections of U.S. Supreme Court opinions. Current opinions from 1990 to date are updated by distributions received electronically from the Court's Project Hermes. There is also an assortment of case lists and finding aids. The LII Collection of Historic Decisions of the US Supreme Court is available on the Web and as a CD-ROM which may be purchased ($25). It currently contains 621 of the Court's most important decisions. Finding aids including lists of cases by opinion author, party name, and topic are available.

Fee-based Sources of U.S. Supreme Court Opinions on the Web

Because U.S. Supreme Court opinions are readily available on the Web for free, only brief mention will be made here of accessibility through commercial vendors. One of the files at the official web site {http:// www.supremecourtus.gov}, "Where to Obtain Supreme Court Opinions," is updated each August and contains a comprehensive listing of known vendors, including those providing electronic access. The following table lists some of the more popular vendors. Details on cost can be obtained at the respective web sites or by contacting the vendors using the telephone numbers provided. A later article in this series will comparatively discuss the extent of their case law databases (beyond U.S. Supreme Court opinions).

(Vendor | URL | Coverage | Phone)

News Stories

Yahoo! News Search {http://fullcoverage.yahoo.com/fc/us/supreme_court/} provides the headlines and links to full stories from major news organizations like AP, Reuters, New York Times, Chicago Tribune, Boston Globe, and the Washington Post. Headlines are displayed in reverse chronological order (most recent stories first).

Law.com's United States Supreme Court Monitor {http://www.law.com/us_supreme_ ct/news.html} provides synposes and links to full stories from major legal news organizations like American Lawyer Media and National Law Journal as well as pertinent Associated Press stories. Synopses are also displayed with most recent stories first.

Court Information

Several sites, noted herein, provide useful background information about the Supreme Court, its Justices, and its history. The following are particularly recommended: the official web site {http:// www.supremecourtus.gov}; FindLaw {http://supreme.lp.findlaw.com/supreme_ court/resources.html}; Cornell's Legal Information Institute {http:// supct.law.cornell.edu/supct} and JURIST {http:// jurist.law.pitt.edu/supremecourt.htm}. JURIST, known as the "Legal Education Network," contains several unique features including a guide to Pres. George W. Bush's potential appointments to the Supreme Court, and information about appointments, retirements, deaths and burial places of former Justices.

This overview of selected U.S. Supreme Court sources on the Web has not been comprehensive. For example, no mention has been made of papers of Supreme Court Justices (e.g., Louis D. Brandies' papers are at U. of Louisville Law Library { http://athena.louisville.edu/library/law/brandeis.html}; Lewis F. Powell's papers are at Washington and Lee University School of Law {http://www.wlu.edu/~ powell/}; and Fred M. Vinson's papers are at the University of Kentucky { http://128.163.2.27/Libraries/Special/mpa/vinson.html}).

Prominent commercial publications such as U.S. Law Week from BNA were also omitted. Law firm web sites and most law school web sites were also excluded. "Extreme" court watchers are referred to Jill Ann Duffy and Elizabeth Ardella Laub Lambert, Researching the Supreme Court of the United States: Available Resources for Commonly Asked Questions, 18 LEGAL REFERENCE SERVICES QUARTERLY 25-60 (2000) for a recent overview of resources (hard copy and electronic) commonly available in law school libraries that provide answers to frequently asked questions about the Justices, the Court and its procedures, publications, building, and history.

Footnotes

* John E. Christensen is Library Director and Professor of Law at Washburn University School of Law where his teaching responsibilities include seminars in advanced legal research and computers and cyberlaw. This is the first in a series of articles on using the Internet for legal research prepared especially for Kansas legal practitioners. Sites described herein were last visited February 4, 2002. If you wish to notify the author of errors or other related recommended sites, send email to john.christensen [@] washburn.edu. A Web version of this article is maintained at http://washburnlaw.edu/faculty/christensen-john-pub.php [ Return to text]