Supreme Court history: TBA tomorrow


The U.S. Supreme Court is saving the two high-profile marriage case decisions for the last day of its session –Wednesday, June 26.

The court released three opinions today, including a blockbuster ruling that a key provision of the Voting Rights Act is unconstitutional. It has only three opinions left to issue –one on the Defense of Marriage Act (DOMA), one on Proposition 8, and one on a racketeering law.

The Chief Justice, who wrote and announced the Voting Rights opinion, said the remaining opinions would all be released tomorrow.

Historically, the Supreme Court tends to release opinions in its most controversial cases on the last day of the session. Court veterans say this isn’t because they are controversial but because the justices need more time to write their opinions and dissents. It is not of surprise to many that the court might be bogged down in the complications of the marriage cases, given that each had issues of legal standing as well as enormous repercussions for issues of constitutionality.

Looking at how many opinions each justice has written this month, some court veterans believe the statistics point to a probability that the two decisions will be written by Chief Justice John Roberts and Justice Anthony Kennedy.

Leave a Reply