The Volokh Conspiracy

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Predictions For The Final 6 Cases

Chevron, Netchoice, Trump, Grant's Pass, Fischer, and Corner Post.


There are six cases remaining. The Court will be in session tomorrow. Friday, June 28. The Chief Justice did not announce that Friday will be the final day, so we will come back next week. The Court has announced that Monday, July 1 will be an opinion day. Here are my predictions for the final six cases.

From the January sitting, only Loper-Bright/Relentless remains. Chief Justice Roberts and Justice Kavanaugh have not written from that sitting. Kavanaugh already has six opinions, so I think he is done for the term. Chevron is for the Chief.

From the February sitting, Corner Post and the NetChoice cases remain. Alito and Barrett have not written from that sitting. I predict Barrett will write a tight opinion in Corner Post, a nerdy procedure case. And Justice Alito will write for a very fractured Court in the social media cases.

From the April sitting, with the Moyle DIG, there were nine cases argued, six of which have already been decided. I predict that Chief Justice Roberts has the Trump immunity case. There is no way he gives that case up. I predict Justice Gorsuch has Fischer. He loves to hate on federal criminal law. And Justice Jackson has Grant's Pass. I think this case can be one of the surprise decisions of the term. Walking in, I thought there was no way the homeless people would prevail, but the oral argument suggests this opinion may be hard to write.

And, if I had to guess, Roberts will hold Chevron and Trump for Monday. Dump it during the Fourth of July weekend.

These predictions are worth what you paid.