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May 22, 2007

Who's writing how many opinions in Claiborne and Rita?

In the this post and its comments, Tom Goldstein speculates that Justice Stevens is writing the opinion for the Court in Claiborne and Rita.  Others suggest that Justice Breyer might have the assignment.  I am pretty convinced that they will both author something in these cases.  (After all, these two Justices combined for four opinions in Booker).

In addition to speculating about who is writing for the Court, it is also fun to ponder how many total opinions there will be in Claiborne and Rita.  Technically, these are two distinct cases that surely could produce different voting outcomes/patterns and thus might require distinct majority and dissenting opinions.  In addition, I would guess that, in addition to Justices Stevens and Breyer, at least three or maybe four or perhaps even five other Justices — Justices Scalia, Ginsburg, Alito and maybe also Justices Kennedy and Thomas — may want to speak their peace in these cases.

For all these reasons, I'll set the over/under for total opinions in Claiborne and Rita at six (which was the total number of opinions in Booker).  I am eager to hear readers make arguments for either the over or the under as we wait.

May 22, 2007 at 04:03 PM | Permalink

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Posted by: DFDF | Jul 29, 2007 1:10:59 AM

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