The Volokh Conspiracy

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And then there were 2


This final week of the Supreme Court's term is brought to you by the number 2.

First, I had expected the Court to hand down all of the remaining five cases in a single session. Wrong again. There would be 2 sessions: Tuesday, June 29, and Thursday, July 1. (I extend a very happy Canada Day to all my Canuck friends).

Second, today the Court handed down three fairly non-controversial cases today. And there are 2 remaining cases: Brnovich and Thomas More.

Third, the dynamic duo of Chief Justice Roberts and Justice Kavanaugh were in the majority of every case.  Johnson v. Guzman Chavez split (mostly) 6-3. Justice Alito wrote the majority opinion, which was joined in full by Chief Justice Roberts and Justices Kavanaugh and Barrett. Justice Thomas concurred with the majority, though disagreed on a jurisdictional issue; he was joined by Justice Gorsuch. Justices Breyer, Sotomayor, and Kagan were in dissent. PennEast Pipeline Co. v. New Jersey split 5-4. The Chief assigned himself this FERC case–perhaps some form of self-flagellation–and was joined by Justices Breyer, Alito, Sotomayor, and Kavanaugh. Justice Gorsuch dissented, joined by Justice Thomas. Justice Barrett wrote a separate dissent, which was joined by Justices Thomas, Kagan, and Gorsuch. Minerva Surgical, Inc. v. Hologic, Inc. split 5-4. Justice Kagan wrote the majority opinion, and was joined by the Chief Justice and Justices Breyer, Sotomayor, and Kavanaugh.

To paraphrase Rob Base and DJ EZ Rock, it takes 2 to make a case go left!

I'll have more to say about the other cases soon enough.

Until Thursday. Then there were 2.