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.


Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Categories

Random Posts

  • Supreme Court Justices: Age at Retirement: Using the still-fabulous Supreme Court Compendium data set, I've thrown together a chart plotting the ages of each Justice at retirement. I ...
  • Chief Justice Roberts and Unanimous Decisions: When he was nominated to the Supreme Court, Chief Justice Roberts mentioned that one of his main objectives as chief justice would be to cre...
  • Justice Ginsburg and the Future of the Court: One can only hope that Senator Jim Bunning (R-KY) horded the tasteless Intrade contract for "Ruth Bader Ginsburg to Be Next Justice to Depar...
  • Profile: H. Bartow Farr, III: In the past, we've profiled notable advocates and judges that were in the news. This is the first in a series of posts about the advocates w...
  • Change is Fun But...: I'm sad to see Justice Stevens leave the Court for a variety of reasons that have been well documented by people smarter than me. I'm also e...