Comments on: The Remaining Merits Opinions http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/ The Supreme Court of the United States blog Mon, 23 Jan 2012 22:38:26 +0000 hourly 1 http://wordpress.org/?v=3.2.1 By: Jacob Berlove http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11386 Jacob Berlove Fri, 22 Jun 2007 18:33:47 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11386 After he chose Stevens, that is :) After he chose Stevens, that is :)

]]> By: David.Huberman http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11385 David.Huberman Thu, 21 Jun 2007 14:25:23 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11385 For those of us keeping score, let's give another 1/2 point to Mr. Goldstein for Rita :) He originally chose Breyer :) For those of us keeping score, let’s give another 1/2 point to Mr. Goldstein for Rita :) He originally chose Breyer :)

]]> By: amsiegel http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11384 amsiegel Tue, 19 Jun 2007 02:27:16 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11384 Tom-- What is the reasoning behind believing an opinion is coming in Rita. If the Court was putting the case over for reargument, wouldn't that order traditionally come on the last day of the term? --Andy Siegel Tom–

What is the reasoning behind believing an opinion is coming in Rita. If the Court was putting the case over for reargument, wouldn’t that order traditionally come on the last day of the term?

–Andy Siegel

]]> By: Thomas Goldstein http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11383 Thomas Goldstein Tue, 19 Jun 2007 01:55:15 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11383 I've responded to Jacob's comments above. His point about the Chief and Weaver caused a little bit of a cascade in my guesses about who is writing which opinions, so those have been revised as well. I’ve responded to Jacob’s comments above. His point about the Chief and Weaver caused a little bit of a cascade in my guesses about who is writing which opinions, so those have been revised as well.

]]> By: Jacob Berlove http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11382 Jacob Berlove Mon, 18 Jun 2007 23:42:34 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11382 Mr. Goldstein, Apologies for posting three straight comments here, but one more thing gets me. Why do you think the Chief wrote the Per Curiam in Weaver when his concurrence states that he doesn't agree with all the reasons it stated for the court's disposition? TG responds: That's a great catch; I was just wrong. Mr. Goldstein,
Apologies for posting three straight comments here, but one more thing gets me. Why do you think the Chief wrote the Per Curiam in Weaver when his concurrence states that he doesn’t agree with all the reasons it stated for the court’s disposition?

TG responds: That’s a great catch; I was just wrong.

]]> By: Jacob Berlove http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11381 Jacob Berlove Mon, 18 Jun 2007 23:25:01 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11381 Oops, I almost forgot. While Alito has five opinions so far, my count gives Breyer seven (without Rita). Wouldn't a more senior justice typically be given an extra majority opinion? If Breyer was assigned Rita, Alito still can have seven cases, which is apparently how many you think Breyer ended up with. TG responds: You're absolutely right that this comes down to whether I think Breyer or instead Alito will have the 8th majority. My bet is now on Alito, but there obviously is no way to be sure. Breyer has already knocked out three opinions from March and April, which would be impressive if he also has Rita. I also don't think seniority is the touchstone here. For example, Thomas has eight majorities, and (assuming that Stevens had Claiborne as his eighth) there is almost no practical way for the remaining more senior Justices -- the Chief and Justice Kennedy -- to both have eight. Oops, I almost forgot. While Alito has five opinions so far, my count gives Breyer seven (without Rita). Wouldn’t a more senior justice typically be given an extra majority opinion? If Breyer was assigned Rita, Alito still can have seven cases, which is apparently how many you think Breyer ended up with.

TG responds: You’re absolutely right that this comes down to whether I think Breyer or instead Alito will have the 8th majority. My bet is now on Alito, but there obviously is no way to be sure. Breyer has already knocked out three opinions from March and April, which would be impressive if he also has Rita. I also don’t think seniority is the touchstone here. For example, Thomas has eight majorities, and (assuming that Stevens had Claiborne as his eighth) there is almost no practical way for the remaining more senior Justices — the Chief and Justice Kennedy — to both have eight.

]]> By: Jacob Berlove http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11380 Jacob Berlove Mon, 18 Jun 2007 23:17:17 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11380 Mr. Goldstein, Why did you switch your prediction for Rita from Breyer to Alito? Given their Cunningham dissent, both justices presumably voted for the government in Rita, and neither has written in the February sitting, Alito already has two majorities from one of the other sittings (the one in which he wrote James and the opinion rejecting Crawford retroactivity), and Breyer's work on the Sentencing Commission and authorship of the Booker remedial opinion make him a logical choice to assign the opinion to in Rita. So I'm really curious why you changed your prediction. Mr. Goldstein,
Why did you switch your prediction for Rita from Breyer to Alito? Given their Cunningham dissent, both justices presumably voted for the government in Rita, and neither has written in the February sitting, Alito already has two majorities from one of the other sittings (the one in which he wrote James and the opinion rejecting Crawford retroactivity), and Breyer’s work on the Sentencing Commission and authorship of the Booker remedial opinion make him a logical choice to assign the opinion to in Rita. So I’m really curious why you changed your prediction.

]]> By: Phillip Edens http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11379 Phillip Edens Mon, 18 Jun 2007 20:38:40 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11379 The prediction of Alito writing Morse is certainly interesting in light of his recent comments about the First Amendment at the Nat'l Italian American Foundation luncheon. The prediction of Alito writing Morse is certainly interesting in light of his recent comments about the First Amendment at the Nat’l Italian American Foundation luncheon.

]]> By: David.Huberman http://www.scotusblog.com/2007/06/the-remaining-merits-opinions/#comment-11378 David.Huberman Mon, 18 Jun 2007 20:04:57 +0000 http://www.scotusblog.com/wp/uncategorized/the-remaining-merits-opinions/#comment-11378 Any predictions on which way Leegin will go and who will write the opinion and dissent? (I ask from a presumption of lack of unanimity, and I further predict the outcome will not fall on typical 4-4-1 fault lines.) Breyer's enthusiasm for the subject made him a likely author of an opinion or dissent, I believed at the time, but your macroscopic analysis seems to indicate that's unlikely. Any predictions on which way Leegin will go and who will write the opinion and dissent? (I ask from a presumption of lack of unanimity, and I further predict the outcome will not fall on typical 4-4-1 fault lines.) Breyer’s enthusiasm for the subject made him a likely author of an opinion or dissent, I believed at the time, but your macroscopic analysis seems to indicate that’s unlikely.

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