Today is the last Monday in June. Where are the opinions?

For the first time in at least a decade, there were no opinions on the last Monday in June.

By statute, the Supreme Court convenes on the first Monday in October. And, by custom, the Supreme Court hands down opinions on the last Monday in June. There were opinions on Monday June 29, 2020, Monday, June 24, 2019, Monday June 25, 2018, Monday, June 26, 2017, Monday, June 27, 2016, Monday June 29, 2015, Monday, June 30, 2014, Monday, June 24, 2013, Monday, June 25, 2012, and Monday June 27, 2011. In light of this long-standing practice, I expected the Court would handdown opinions today. And I wasn't alone. Several SCOTUS reporters predicted that there would be opinions today.

All weekend long, I kept refreshing the Supreme Court's website. Nothing. On Sunday evening around midnight, I called the SCOTUS opinion hotline. There were no updates since Friday afternoon. Monday morning came. The Court posted orders at 9:30 ET. And at 10:00 ET, nothing. For the first time in at least a decade, there were no opinions on the last Monday in June. What happened?

There are five outstanding cases. The two biggest decisions are Thomas More Law Center v. Bonta and Brnovich v. Democratic National Committee. The latter case involves the Voting Rights Act. Could it be that the opinions are going through revisions in light of DOJ's recent Section 2 suit filed on Friday? Even if the majority opinion doesn't change, the dissent may try to address the Georgia case, even if indirectly. I questioned General Garland's decision to announce the case before Brnovich. The risk of filing early is that the Court's decision could require revising the complaint. But the upshot is that the complaint could motivate the Justices to say helpful things. The Court does not exist in a vacuum.

If more time is needed for Brnovich, then the other cases may be held up as well. The Chief may have a preference to decide all of the cases in one day. And as of this morning, the Court still has not announced any other decision days. To avoid going into July, we are looking at Tuesday and/or Wednesday.

Comments

[Greg J]

Thank you for the update. I've been wondering what's going on here

[Rev. Arthur L. Kirkland]

" All weekend long, I kept refreshing the Supreme Court's website. "

I wasted the weekend on golf, a concert, grilling, and grandchildren.

[Á àß äẞç ãþÇđ âÞ¢Đæ ǎB€Ðëf ảhf]

Good heavens! Glad you got that last comma in there!

[Rev. Arthur L. Kirkland]

Have you always been so easy to please?

[Greg J]

Well, Rev, you're such a moron that we have to have low standards when dealing with you

[Rev. Arthur L. Kirkland]

Why so cranky, Greg? Is being a right-wing bigot going out of style in your neighborhood?

[Greg J]

Gee, Rev, I'm praising you for exceeding your normal pathetic level, and you're upset?

Do you really hate competence that much?

[Greg J]

"Even if the majority opinion doesn't change, the dissent may try to address the Georgia case, even if indirectly."

Here's hoping the majority does change, and it utterly nukes Garland's suit.

Note, I don't expect the Roberts Court to have the intellectual honesty and moral courage to do that, but it is what they should be doing

[santamonica811]

Shorter Greg,
"If at least 5 of the 9 members (all of whom are far more educated, more intelligent, more experienced, than I) don't do what I want, then the explanation for that is that all those folks don't have intellectual honesty or moral courage."

The problem with America (there! I've summed it up in one sentence. LOL) is that a lot of morons think their position is correct (fine so far) AND are simply incapable intellectually of wrapping their heads around the idea that people of good faith can disagree and can come to other positions (NOT fine).

There are people with this particular kind of stupidity on both sides--on all sides--and it's rather dismaying and depressing. This phenomenon is not Trump's fault (it for sure predates his presidency), but . . . Man! It sure seems to have become worse and worse over the past several years.

[Greg J]

shorter santamonica811

"I'm an ignorant moron, so therefore everyone else on Volokh must be so, too"

[Greg J]

1: I've been arguing legal issues for the last 40 years
2: Unless they've got more than a JD, none of them are more educated than I am
3: I am not so stupid as to believe that the possession of a certificate makes one more qualified than others.
4: Since I graduated from the 4th grade, i know how to read. Since I'm actually educated, rather than merely indoctrinated, i know how to think. The US Constitution is quite clear, and Garland's suit is utter crap

Which is apparent to anyone with a functioning brain.

It's so sad you're not part of this group

[Rev. Arthur L. Kirkland]

" Since I graduated from the 4th grade, i know how to read. "

Next up: writing!

[Sarcastr0]

I’ve been arguing legal issues for the last 40 years

The US Constitution is quite clear

These are mutually inconsistent positions.

[Greg J]

Not really

What part of "the right to keep and bear arms shall not be infringed" do you not understand?

What part of "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof" do you not understand?

I realize that Garland refuses to understand what's there, so do most Democrats, because they're amoral scum who have no respect for our written Constitution, or, in Garland's case, for his oath of office that requires him to protect the US Constitution from domestic enemies, rather than being one himself.

[Rev. Arthur L. Kirkland]

Open wider, Greg. And hope your betters are gracious in victory. There is no requirement that we be nice to clingers as we defeat them in the culture war.

[Greg J]

I have no betters, Rev

And you're going to lose the war

[Greg J]

Oh, and Sarcastr0, after you've explained those, you can explain why Georgia is Constitutionally denied the right to make their voting laws less restrictive than Deleware's

[Mike Adamson]

Maybe the Court felt like messing around with the tea leaves readers. Everybody loves a fun trolling

[dwb68]

I'll take "Breyer is retiring" for the $1000.

[Rev. Arthur L. Kirkland]

How many Conspirators will testify against a nominee? Will Prof. Blackman’s request to testify be granted?

[ReaderY]

They’ve arrived. Two opinions so far today, both per curiam.

[Greg J]

Those were orders in unargued cases, not opinions in argued cases

[Free Exercise]

SUPREME COURT WEBSITE NOW INDICATES OPINIONS WILL BE ISSUED TUESDAY, JUNE 29.

[Greg J]

Well, so far today we have Minerva Surgical, Inc. v. Hologic, Inc., where, after a quick look, I'm siding with the Kagen Opinion over the Thomas dissent, and Johnson v. Guzman Chavez, where it's 6-3 (except for footnote 4! 🙂 ) right people vs wrong people

[Greg J]

I think the lefties dropped a stitch in Johnson v. Guzman Chavez. They should have joined in footnote 4, while rejecting the rest of teh decision

[Greg J]

PennEast Pipeline Co. v. New Jersey

ROBERTS, C. J., delivered the opinion of the Court, in which BREYER, ALITO, SOTOMAYOR, and KAVANAUGH, JJ., joined. GORSUCH, J., filed a dissenting opinion, in which THOMAS, J., joined. BARRETT, J., filed a dissenting opinion, in which THOMAS, KAGAN, and GORSUCH, JJ., joined.

For a moment, I thought we'd finally achieved that mythical "moderate Breyer" vote, a 5-4 case where Breyer made the difference for the conservative side.

Then I saw that Sotomayor was also in the majority, and that "BARRETT, J., filed a dissenting opinion, in which THOMAS, KAGAN, and GORSUCH, JJ., joined."

I'm going to have to read this one more, but I'm guessing that teh dissent was pushing to overturn Kelo, and that's why Breyer (and Sotomayor) were on the other side

[Greg J]

Nope. It's whether or not you take the 11th Amendment seriously, and whether you support or oppose the Federal government's Eminent Domain power more than you oppose or support gas pipelines

[Greg J]

This Court will announce all remaining opinions ready during this Term of Court on Thursday, July 1, 2021, beginning at 10 a.m.

Ok, so the slackers won't be finishing them in June