25 June 2013

Reading the tea leaves on tomorrow's Supreme Court decisions

 EDITED (6/26/13): Correct on all three!

Here is the breakdown of opinions by author for this term:

9: Ginsburg
8: Thomas, Breyer, Alito, Sotomayor, Kagan
7: Roberts, Scalia, Kennedy

While there is no rule of the Court that requires an even distribution of opinions, it seems like that among tomorrow's three cases, we may see opinions from Chief Justice Roberts and Justices Scalia and Kennedy. If in fact those justices author tomorrow's opinions, I might expect something like this:

Sekhar v. United States: Scalia

It seems unlikely that Justice Ginsburg would write a tenth opinion, but it's certainly possible. And there is nothing to prevent one of the other liberal justices from writing a ninth.

Opinions are announced in order of reverse seniority, so we should have a good idea of what to expect when we see the first decision.
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