Between 2009 and 2020, Josh published more than 10,000 blog posts. Here, you can access his blog archives.


Proposed Rules for FantasySCOTUS OT10

September 29th, 2010

I am gearing up to launch FantasySCOTUS OT10. If all goes according to plan, it should be live the first Monday in October. Here are the proposed rules. I am unofficially opening up a notice and comment period for the next few days.


For each case, users will predict how each of the nine Justices of the Supreme Court will vote. A Justice can either vote to AFFIRM, REVERSE the lower court, or RECUSE from the case and not cast a vote. Users can make predictions at any point before the case is decided, though predictions will be disabled on all days the Supreme Court announces that opinions will be released. Unlike last year, users will not predict the split and the outcome. These items were often too difficult to determine in split cases and pluralities. The current model is simpler, and allows users to more easily show off their SCOTUS skills.


There will be two types of leaagues:

FantasySCOTUS Leagues – these Leagues will be created by FantasySCOTUS and anyone can join

User Created Leagues – Users can also create and join new leagues. We have integrated Facebook connect, so you will be able to invite all of your Facebook friends into your league. Users of these leagues will be eligible for the various league awards.

Users will be ranked within their leagues, as well as within the entire FantasySCOTUS realm.


.For each correct guess, users will receive 10 points. If users correctly guesses the votes all nine Justices, users will receive a perfect score of 90 points.

Admittedly, some cases are difficult to score when a Justice votes to affirm in part and reverse in part. In such cases,

For example, in Schwarzenegger v. Entertainment Media Association, the Court of Appeals for the Ninth Circuit found that statute barring the sale of violent video games to children was unconstitutional. A user predict that Justices Roberts, Scalia, Kennedy, Thomas, and Alito will vote to reverse the Ninth Circuit, and that Justices Ginsburg, Breyer, Sotomayor, and Kagan will vote to affirm, or agree with the Ninth Circuit. Assume the user’s predictions are correct, except for Justice Kennedy, who in fact voted to affirm the lower court.

Roberts Scalia Kennedy Thomas Ginsburg Breyer Alito Sotomayor Kagan
Predicted Vote Reverse Reverse Reverse Reverse Affirm Affirm Reverse Affirm Affirm
Actual Vote Reverse Reverse Affirm Reverse Affirm Affirm Reverse Affirm Affirm
Points 10 10 0 10 10 10 10 10 10

In this case the user will receive a total of 80 points because you correctly predicted 8 out of the 9 Justices (you failed to correctly predict the vote of Justice Kennedy).

We realize that in some cases, a Justice votes to affirm in part and reverse in part. In such cases, it is often hard to characterize whether it is an “affirm” or “reverse” vote. We will make a judgment as to whether the affirm or reverse vote is on a more prominent part of the case. We realize that standard is nebulous, but it is the only fair way to score cases.

If a case is DIG’d (Dismissed as Improvidently Granted), any predictions will receive no points. If, a case that is Vacated and Remanded, it will be treated as a DIG, and predictions will receive no points.


In addition to points, users can unlock fun badges for accomplishing certain goals within FantasySCOTUS.

The Elect Badges:

These badges are only available to players who participate in “The Elect” league, predict all cases, and score the highest points.

Category Badges:

These badges will be awarded to members of the Least Dangerous League who most accurately predict the cases in each category:

The Justice Badges:

The Justice Badges reward users for correctly predicting the votes of an individual Justice with the highest accuracy

League Badges:

No cash prizes are awarded.

Due Process

We realize that we are dealing with lawyers and law students, so let us explain the due process rights of users. If users disagree with the scoring of a case, an appeal must be filed at our contact page within 24 hours of the scoring update (which may be after the Supreme Court releases its opinion). We will reconsider all of our scoring opinions using an “abuse of discretion standard,” so plead your cases well. All determinations are final.

Last season we had several incidents involving cheating (see here and here). While we have taken numerous steps this season to prevent any and all cheating, if we discover a user is cheating, he will be banished and shunned from FantasySCOTUS. Just play fair.

Justice Sotomayor Poses on Cover of Latina Magazine.

November 10th, 2009

Sadly, she is not wearing the Neck Doily Justice Ginsburg gave her.