The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

Final Predictions For the Final 3 Cases

Monday, Monday, Monday! Trump, NetChoice, Corner Post!


Today, it took the Court about 45 minutes to hand down three opinions: Loper/BrightFischer, and Grant Pass. I only predicted one of those assignments correctly. The Chief had Loper/Bright, and he went all in to overrule Chevron. The Chief also kept Fischer for himself (not Gorsuch), and Gorsuch wrote Grant Pass (not Jackson). Given my dismal track record, you would think I would stop making predictions. No such luck.

There are three remaining cases that will be handed down on Monday, the final day of the term.

I still think the Chief Justice holds Trump v. United States for himself. It will be the last case of the term.

In the February sitting, the NetChoice cases and Corner Post were argued. Justices Alito and Barrett are the only justices who have not written from that sitting. One of them has NetChoice and the other has Corner Post. I previously predicted Alito for that duo of cases, though a few people suggested Barrett may be the more likely pick. She was in the middle of the oral argument, and was the key vote to grant the stay on the emergency docket appeal. Then again, this case may be so fractured that there is not a clear majority. Alito may have a plurality or something to that effect. For the term, Alito has four majority opinions and Barrett has five. I'll stick with Alito for NetChoice, and Barrett for the nerdy procedure case, but my votes here are not confident.

Stay tuned for Monday, Monday, Monday!