The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
Three Very Short SCOTUS Unanimous Opinions In One Day, But No Tariffs
The Tariffs case is still cooking, but the Court is clearing the brush.
Generally, at the end of June, there is a running angst for a pending significant case. It is unusual to have that sort of anticipation so early in the term, but here we are. In January, the Court has had three hand-down sessions. So far, eight signed opinions have been handed down. None of these cases have been particularly significant. And still not tariffs. The Court seems to have other priorities. You could imagine the Court saying that no other opinions will be issued until tariffs is released, but that has not been the plan.
What is the cause of the delay? Who knows. But let me offer some speculation. The longer this case goes, the more likely that Trump wins, at least in part. There is a stay in place, and new tariffs continue to be imposed. As the Court takes more time, the remedial issue becomes more complicated by the day. At the outset, the plaintiffs sought a preliminary injunction in light of irreparable harm. And as the Court takes more time to write and review, that irreparable harm becomes greater. This ruling does not need to be a ruling for the ages, so iterative rounds of revisions have a diminishing return. After the case was argued, I put the odds at 51/49 that Trump loses. I've now flipped to 51/49 that Trump wins, at least in part.
The three cases decided today were all very short and were unanimous.
Berk v. Choy was a 9-0 reversal. The majority opinion by Justice Barrett was 11 pages.
Ellingburg v. United States was a 9-0 reversal. The majority opinion by Justice Kavanaugh was 5 pages.
Coney Island Auto Parts Unlimited, Inc. v. Burton was a 9-0 affirmance. The majority opinion by Justice Alito was six pages long. Indeed, I watched the argument in Coney Island, which may have been the shortest oral argument in the modern era.
I can't recall a day with three majority opinions that were all unanimous and all so short. Also, I would note that Williams & Connolly was counsel in Coney Island and Ellingburg. Today was a good day for the Lisa Blatt and Amy Saharia.
