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Waiting for Chicago
Supreme Court handed down a load of opinions today (I lost count, 5-6-7?). Last opinions will be handed down on Monday. Ginsburg got the Skilling decision today, meaning that for the sitting when McDonald was argued, only that case remains, and only Justice Alito has not written an opinion. Of course, "everyone gets at least one opinion per sitting, if possible" is custom, not binding rule, and qualified by "if possible." Josh Blackman thus bets on CJ Roberts keeping the case for himself, with Alito getting some other especially interesting case.
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LOL...I truly hope the CJ does right it. I can't wait to read it. Let’s hope the dictum is keep to a minimum.
I bet on Roberts, too, and right here on OAATL -- $100 towards the purchase of any Simply Rugged holster -- but no one's taken me up on it yet. C'mon men -- let's see your mettle!
McDonald is a mere technicality compared to Heller, and Roberts didn't take Heller, so I don't see any reason to think he'd be especially likely to take McDonald.
What's more, using due process to correct the defacing of the 14th Amendment is an embarrassment to the court. Though it seems very unlikely, it's possible I might decide to reject PorI and maintain the status quo of due process incorporation for the sake of stare decisis and respect for the court, but I'd still hate to put my name on such an opinion of twisted logic rejecting PorI. Especially as the primary author. It almost makes me wonder if Alito is being punished.
Makes you wonder if Alito is being punished? Makes me wonder if Alito, Ciongoli, and Clement were playing footsie.
Jim March has some analysis up at CalGuns suggesting that the Court may be more receptive to a PoI ruling than is commonly thought...
Josh Blackman was 1 for 6. Scotusblog is predicting that Justice Alito will write McDonald.
This is worse than waiting on a Form 4 to come back from Martinsburg WV!