The Court is widely expected to hand down the remaining seven opinions from this term today and either tomorrow or Monday. Among the cases to watch are Kennedy v. Louisiana (death penalty for child rape) and DC v. Heller (DC Gun ban.)
Justice Scalia is the only Justice remaining from the March sitting who has yet to write a majority opinion, strongly suggesting that he will be the author of the possibly majority opinion. That majority opinion could very likely be written for only five Justices even though I expect six or seven Justices will ultimately side with Heller in the case. Among the common predictions:
- Scalia writes the majority opinion and is joined by the Chief and Justices Thomas, Kennedy, and Alito. Breyer and Stevens concur in judgement but either do no sign on to the majority at all, or join only as to Parts I and II. Ginsburg writes a dissent and is joined by Souter.
- Scalia writes the plurality opinion and is joined by the Chief and Justices Thomas and Alito. Kennedy writes a concurring opinion and Justices Breyer, Stevens, and Souter also concur. Justice Ginsburg dissents.
We should find out shortly, but however this plays out, the opinions are sure to be passionate and insightful.