Docket doldrums

Looking at CAAF's current hearings schedule and its granted issues, it appears that CAAF is at risk of running out of cases to hear.

CAAF has 37 scheduled argument dates this term. Ten have already occurred during which 15 cases have been heard. (Five of those cases have already been decided, two by summary disposition.)

Another eight oral argument dates have scheduled cases. On those eight dates, CAAF will hear another 14 cases. So of the court's 37 oral argument dates, 18 are scheduled and 19 remain unscheduled.

At the moment, if my review of CAAF's web site is correct, there are only seven granted cases that haven't yet been scheduled for oral argument (Miller/AR, Smead/MC, Stephens/AF, Riddle/AR, Thomas/NA, Ranney/AF, and Gardinier/AR. Does anyone know of any others?)

The next unscheduled oral argument dates are Monday, 12 January and Tuesday, 13 January. But by that point, the briefing schedule will have run for only three of the seven granted cases. And in the third of those cases -- Stephens -- the briefing schedule doesn't run until Thursday, 8 January.

So it seems that the 12 and 13 January oral argument dates will be filled with either two or three cases. That leaves 17 open oral argument dates for which there are now only either four or five granted cases available to fill them. Unless CAAF grants review of at least two additional cases soon, it appears that the scheduled oral argument dates of 25 and 26 February will have to be canceled for lack of business.

It also appears that this term is unlikely to exceed last term's total of 65 opinions of the court.