Where are the opinions? There appears to be a bottleneck of opinions coming from the Supreme Court this term. Today’s two rulings makes 14 cases resolved from this term. But two of those don’t really count because one was summarily decided and the other settled before the justices had a chance to send out an opinion. So for the term that started October 5 they’ve really only resolved 12 cases even though they’ve now heard arguments in 50 cases.
At this date in the last two years the justices had resolved 17 cases with 15 full length opinions. While a difference of three is hardly a major development, is does show that the Court is somewhat behind the pace.
Of course, the most likely reason for this is the attention the justices gave to the big campaign finance case which was argued (for the second time) in a special session in September before the current term started. And that’s why I don’t factor it into my counts above. I also don’t think the recent snowfall that shutdown most of Washington for nearly a week is likely to have a significant impact because the Court didn’t miss any of its important scheduled days.
Justices Ginsburg (4) and Breyer (3) have been the most active in getting their opinions out while Chief Justice Roberts and Justice Sotomayor have each handed down two opinions. Justice Alito is the only other justice who has released an opinion for a case that’s been argued this term. That leaves Justices Stevens, Scalia, Kennedy and Thomas with none so far and that fact may provide a hint as to what cases they are working on.
No offense to the justices who’ve already written opinions this term or to the parties involved in those cases but they’ve all been of minor significance or interest. We are still waiting on rulings in higher-profile cases involving animal cruelty, the display of a cross on public lands, the costs associated with managing mutual funds and if life sentences for juveniles violate the Eighth Amendment’s prohibition against cruel and unusual punishment.
Maybe tomorrow?