I've been asked by some list-members whether I had any "inside" information about the case, based upon my comment below that majority opinions had been in circulation for at least two weeks as of June 15.
Short answer: No, I don't have any inside information, and never have. That comment was simply based on the modern practice of the Court, in which (reportedly) Justices are expected to have all majority opinions circulated before June. There are only four cases outstanding. Hobby Lobby will almost certainly be issued tomorrow or Monday, and the odds are very high, IMHO, that the Chief is writing the lead opinion. (And no, I don't have any inside info on that, either!) On Sun, Jun 15, 2014 at 5:04 PM, Marty Lederman <lederman.ma...@gmail.com> wrote: > I'm under no illusion that such things could possibly have any influence > on the Court at this late date (majority opinions having been in > circulation for at least two weeks now), but thought it might be worth > posting two further entries on Hobby Lobby, in anticipation of the decision: > > http://balkin.blogspot.com/2014/06/hobby-lobby-part-xiv-how-this-weeks.html > > > http://balkin.blogspot.com/2014/06/hobby-lobby-part-xv-theres-no-employer.html > > The first is more about the Sixth Circuit's nonprofit decision from > earlier this week; the second is about my pet "there is no employer > mandate" argument -- how the Justices treated it at oral argument, and how > a new S&P Report might bear on it. > > Many of you will recognize much of these as derived from our discussions > here, for which I'm very grateful. >
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