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The Silence is Deafening

By Kent Scheidegger et al.

Another Supreme Court decision day and another lone civil case, with no decision in Medellin v. Texas. There remain three undecided cases from the October calendar: Medellin, the Washington political primary case, and the Santos money laundering case. Four Justices have not yet written an opinion from that session, and it is likely that three of them are authors of the three undecided cases: Chief Justice Roberts, Justice Thomas, Justice Breyer, and Justice Alito. I expect that Medellin is a win if any but Justice Breyer is writing it, but why is it taking so long? It could be that there is a fracture on how to get to the result, and the Court is trying to put together a coherent majority opinion.

Full post as published by Crime and Consequences on February 27, 2008 (boomark / email).