Cases to be Held Over and Reargued
on Jan 23, 2006 at 11:41 am
I had predicted that four cases were the most likely candidates to be reargued next Term when Justice Alito (presumably) will be on the Court, because in each of the four I figured that there was a good chance Justice O’Connor would be the swing vote and that a Justice Alito would come out the other way. Those four cases were Ayotte, U.S. v. Georgia, Wisconsin Right to Life, and Katz.
Shows what I know: I’m batting 0-4. In the first three cases, the Court acted unanimously, and in each case it gave a strong signal that the Court is inclined — at least as to some controversial subjects as to which there is not yet a solid Court majority — to act incrementally, on a case-by-case basis, and to disfavor facial challenges (see post below).
So, now that Justice O’Connor has probably cast her last vote, does anyone else have any candidates among the remaining 20 argued cases for those that might be set for reargument? It won’t take much to top my prognostication record.
