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Heller Watch

Smart people have said today is going to be the day.  I’m going to be a contrarian and suggest that they will put it off until later in the week.  Stay tuned for updates as The Court starts releasing opinions.

UPDATE: Not today folks.  Chief Justice Roberts, you are such a tease.  From SCOTUSBlog: “The only opinion remaining from the March sitting is Heller.   The only Justice without a majority opinion from that sitting is Justice Scalia.”

7 Responses to “Heller Watch”

  1. Jacob says:

    I still think Thomas’ opinion is the one to watch for.

  2. Sebastian says:

    Ideally I’d like Heller to be a Thomas opinion, but I’ll take Scalia if that’s going to be the case.

  3. Gunmetal says:

    “The only Justice without a majority opinion from that sitting is Justice Scalia.”

    What does that mean exactly? I took it to mean that Scalia’s opinion was not in agreement with the majority opinion, but I’m not used to SCOTUSblog-speak so I guess I don’t understand.

  4. countertop says:

    I don’t think it will be a Scalia opinion – unless its overwhelming (8-1, 9-0). Otherwise, he’s just too controversial and at odds on too many undercurrents to be able to hold together a majority.

    Now, it could be a Scalia opinion where a large number of other justices concur with the underlying opinion but lay out there own case and explain how they disagree with Scalia – thats actually very possible. . . but part of me thinks they will do this clean – get a very narrow opinion out that has an overwhelming number signing on to – make it a Roberts or a Kennedy opinion, or perhaps even float it out to Ginsberg to entice the left to stay on.

  5. gattsuru says:

    I took it to mean that Scalia’s opinion was not in agreement with the majority opinion, but I’m not used to SCOTUSblog-speak so I guess I don’t understand.

    Every decision has at least one justice write a majority decision. Usually there are at least four Justices who agree with the majority but do not write a majority opinion, but in some cases there can be up to eight. These individuals are said to ‘sign on’ to the majority opinion.

  6. Gunmetal says:

    OK, gotcha. So it doesn’t mean that he doesn’t _have_ any opinions in concurrence with the majority; it just means that he hasn’t, so far, _written_ one of the majority opinions.

    Makes sense now, thx.

  7. Well, we could do worse than Justice Faintheart on the majority opinio, but we could surely do better.

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