...Two opinions remain: Rothgery v. Gillespie and the case many of our readers our waiting eagerly for, DC v. Heller. Two justices have not yet written in the sitting: Souter and Scalia. As both of them have only written five total opinions thus far, it seems quite likely that these two are the outstanding authors, barring some sort of vote-switching. Based on the tenor of oral argument, it is widely expected that the individual rights view of the Second Amendment will prevail in the guns case, which means that it appears that Justice Scalia may well be writing the opinion for the majority, leaving Rothgery to Justice Souter. It remains a possibility, of course, that if Justice Scalia is the author, his opinion commands only a plurality.Looks like next week it is, but the SCOTUSblogger cautions against trying to predict the court.
There is only one decision day next week on the Court’s official calendar: Monday, June 23, when the Court’s public session will begin at 10 am eastern. However, as the Court has done for the past two weeks, it’s certain that the Court will sit on one or more additional days later in the week. Based on past practice, if the Court holds one additional opinion day, it will likely be the Thursday (June 26) as it did last Term. If it holds two additional opinion days (which is more likely, given that ten opinions remain), the added days will likely be Wednesday (June 25) and Thursday (as it did in the 2005 Term).
(Of course, the Court isn’t required to finish by June 26, but it has concluded the Term before July every year for the last decade. Monday June 30 is also a possible last day, but is unlikely because the Court internally plans on finishing each Term during the fourth week of June.)