How Many Decisions Can We Expect in 2025-26?

With the arrival of spring, the time has come for our annual estimate of the number of decisions that the supreme court will file by the time summer brings the term to an end.  Following a surprising drop in the court’s output over the last two terms, speculation naturally arises as to whether a larger volume of decisions may return in 2025-26.  Let’s find out.

By April 6, five cases had been decided, with 12 others past oral argument and awaiting decisions anticipated shortly.^[1]  To these 17 cases we can add two more whose oral arguments are scheduled for April 21—increasing the total to 19.^[2]  But this will likely be the entire yield for 2025-26, as the court’s current pace suggests that cases still in the briefing stage will not reach decision until next term.^[3]

The estimate of 19 decisions might change slightly—perhaps the court will fast-track a new “emergency” case or, on the other hand, dismiss one of the 19 cases as improvidently granted—but that would do nothing to shift the total from the strikingly low level shown in the graph.

[1] These are the 12 cases.
State v. N.K.B.
Sheboygan County v. N. A. L.
Estate of Carol Lorbiecki v. Pabst Brewing Company
Koble Investments v. Elicia Marquardt
Legend Lake Property Owners Association, Inc. v. Guy Keshena
Savannah Wren v. Columbia St. Mary’s Hospital Milwaukee, Inc.
Cincinnati Insurance Company v. James Ropicky
Outagamie County v. M.J.B.
Konkanok Rabiebna v. Higher Educational Aids Board
Waukesha County v. R. D. T.
Racine County v. R. P. L.
Wisconsin State Legislature v. Josh Kaul

[2] The two cases awaiting oral argument are Wisconsin Voter Alliance v. Kristina Secord and Charlie May Brekke v. Midwest Medical Ins. Co.

[3] The two cases still in the briefing stage are S. G. v. Wisconsin Department of Children and Families and Sierra Club v. Wisconsin Department of Natural Resources.