Another three bite the dust
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  Another three bite the dust
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Author Topic: Another three bite the dust  (Read 2306 times)
A18
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« on: June 23, 2008, 10:08:54 AM »

The Court released three more opinions today. Among them was Rothgery v. Gillespie County, in which Justice Souter wrote the opinion of the court.

Why should you care? The decision in Rothgery leaves DC v. Heller as the sole case from the Court's March sitting still awaiting the announcement. And because now only Justice Scalia has yet to deliver a majority/plurality/lead opinion for that sitting, he is, at this point, the probable author.

Of course, the word "probable" is important. It's not a certainty; it is merely likely.

Seven opinions for the term have yet to be released. According to SCOTUSblog, the Court has announced that it will release opinions on Wednesday. There will likely be another day, as well.
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Kaine for Senate '18
benconstine
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« Reply #1 on: June 23, 2008, 10:38:20 AM »

Wait, did you say Scalia has not written a majority opinion this term?  Or did I mess that up?
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A18
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« Reply #2 on: June 23, 2008, 11:22:47 AM »

Wait, did you say Scalia has not written a majority opinion this term?

No; I said he has not delivered an opinion for the March sitting.
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Kaine for Senate '18
benconstine
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« Reply #3 on: June 23, 2008, 11:24:34 AM »

Wait, did you say Scalia has not written a majority opinion this term?

No; I said he has not delivered an opinion for the March sitting.

Okay; I thought that was odd.

I doubt Scalia will write in Heller, even if he's in the majority.  It'll probably be either Roberts, Kennedy, Or Stevens, depending on how things go.
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A18
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« Reply #4 on: June 23, 2008, 11:39:02 AM »

The common practice is for each justice to write at least one majority (sometimes it ends up a mere plurality) opinion for each sitting. Hence my speculation that Justice Scalia has the opinion (be it an actual majority opinion, or not).

But as I say, it's by no means certain.
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Sam Spade
SamSpade
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« Reply #5 on: June 23, 2008, 01:12:51 PM »

The result is pretty much in the cards - it's the extent of the review that is at question.
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A18
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« Reply #6 on: June 25, 2008, 09:32:23 AM »

The Supreme Court released four more opinions this morning. Out of the four, Louisiana v. Kennedy will no doubt receive the most extensive media coverage.

Heller remains undecided. According to SCOTUSblog, the Court has announced that it will release all of its remaining opinions tomorrow. And so we wait.
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Sam Spade
SamSpade
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« Reply #7 on: June 25, 2008, 09:36:20 AM »

The Supreme Court released four more opinions this morning. Out of the four, Louisiana v. Kennedy will no doubt receive the most extensive media coverage.

Heller remains undecided. According to SCOTUSblog, the Court has announced that it will release all of its remaining opinions tomorrow. And so we wait.

No death penalty for child rape.  Interested to see if Scalia nails him with the Roper logic disconnect here.
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A18
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« Reply #8 on: June 25, 2008, 09:40:21 AM »

Justice Alito wrote the dissent, so presumably not. Smiley
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