The Rarity of November Decisions in Argued Cases
The announcement that the Supreme Court will issue one or more opinions tomorrow has fueled speculation that we may get a decision in one or both of the S.B.8 cases. The Court heard Whole Woman’s Health v. Jackson and United States v. Texas on an expedited basis, so perhaps this speculation is well-founded. The Court accelerated its consideration in Ramirez v. Collier, a death penalty case, as well. So that’s another possibility.
One factor fueling the speculation that the Court will decide one or both S.B.8 cases tomorrow is that, in recent years, the Court has rarely issued opinions in argued cases in November, and most of those were authored by Justice Ruth Bader Ginsburg.
Here’s a rundown of recent October and November Supreme Court decisions,
OT2021 – Two per curiam opinions issued in October, neither in an argued case. We’ll see what November brings.
OT2020 – Three per curiam opinions issued in No
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