The Remaining Decisions
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on Jun 23, 2005 at 12:27 pm
From the February sitting, only the Ten Commandments cases remain. Justices Scalia and Souter have not written opinions, so they presumably have those two cases. Some have speculated that Souter would not have an opinion in this sitting because he wrote twice in January, but that would not be consistent with the Court’s past practice. It could be explained if he had the majority in another case that sitting and lost it. But none of the decisions from that sitting fit that pattern — i.e., 5-4 with Justice Souter writing the lead dissent.
From the March sitting, Castle Rock, Grokster, and Brand X are outstanding. The Chief Justice and Justices Scalia, Souter, and Thomas have not written opinions. My best guess is that the Chief will not be writing but instead wrote the per curiam opinion in Medellin (given that it came out so quickly).
From the April sitting, only Bell v. Thompson is outstanding. Justice Kennedy has not written, so he presumably is writing that opinion for the Court.