In a surprise move, the Supreme Court decided to hold a new round of oral arguments in Citizens United focused on whether or not to overrule Austin v. Michigan. It’s very, very rare for the Court to hold rearguments in a case although they will periodically request additional briefing on an issue. In Montejo v. Jackson this term, the Court asked for additional briefs on whether or not to overrule Michigan v. Jackson (1986).

The Court will hear rearguments on September 9. Obviously, that means it will happen during OT 08 and a decision will be rendered before the start of oral arguments in October. OT 08 is not finished and, therefore, I can’t publish any truly final statistics until the end of September.