Amy Howe

Jun 1 2023

Reading the tea leaves – Part 2

The Supreme Court on Thursday released three more opinions, leaving the justices with 27 decisions to finish before they can begin their summer recess in late June or early July. Thursday’s opinions did not, however, shed much additional light on who might be writing which opinions yet.

Going into Thursday morning, there was only one opinion remaining from the court’s October argument session: Allen (formerly Merrill) v. Milligan, the Alabama voting rights case. Chief Justice John Roberts and Justice Clarence Thomas are the only justices who have not yet written an opinion for the October session, so one of those justices is almost certainly writing in Allen – although there is no way to know which one at this point.

Justice Neil Gorsuch released another opinion (in Slack Technologies v. Pirani) on Thursday, bringing his tally for the year to five. Gorsuch has not yet written opinions in December or February, but February had only six arguments, so he may ultimately not have an opinion from that sitting. Thomas released an opinion in United States ex rel. Schutte v. SuperValu, bringing his tally for the term to four. In addition to October (in which he may not be writing an opinion), Thomas has also not released opinions for November or March yet.

Roberts and Justice Samuel Alito trail their colleagues with just two opinions each, suggesting that the next few weeks are likely to be very busy in their chambers.

The justices will return to the courtroom on Thursday, June 8, at 10 a.m. to release more opinions. A full list of the decided and as-yet-undecided cases, along with a list of the opinions written by each justice so far, follows below the jump.

October – 8 cases

Decided: 7

  • Delaware v. Pennsylvania & Wisconsin (Jackson)
  • Sackett v. EPA (Alito)
  • Arellano v. McDonough (Barrett)
  • National Pork Producers Council v. Ross (Gorsuch)
  • Reed v. Goertz (Kavanaugh)
  • Helix Energy Solutions v. Hewitt (Kagan)
  • Andy Warhol Foundation v. Goldsmith (Sotomayor)

Remaining: 1

  • Allen (formerly Merrill) v. Milligan

Justices who have not yet written: Roberts, Thomas

November – 9

Decided: 3

  • Cruz v. Arizona (Sotomayor)
  • Bittner v. United States (Gorsuch)
  • SEC v. Cochran & Axon v. FTC (Kagan)

Remaining: 6

  • Students for Fair Admissions v. UNC
  • Students for Fair Admissions v. Harvard
  • Jones v. Hendrix
  • Mallory v. Norfolk Southern
  • Health & Hospital Corp. of Marion County v. Talevski
  • Haaland v. Brackeen

Justices who have not yet written: Roberts, Alito, Thomas, Kavanaugh, Barrett, Jackson

December – 9

Decided: 5

  • Ciminelli v. US (Thomas)
  • Percoco v. US (Alito)
  • Wilkins v. US (Sotomayor)
  • MOAC Mall Holdings v. Transform Holdco (Jackson)
  • Bartenwerfer v. Buckley (Barrett)

Remaining: 4

  • US v. Texas
  • 303 Creative v. Elenis
  • S. ex rel Polansky v. Executive Health Resources
  • Moore v. Harper

Justices who have not yet written: Roberts, Kagan, Gorsuch, Kavanaugh

January – 7

Decided: 7

  • Ohio Adjutant General’s Department v. FLRA (Thomas)
  • In re Grand Jury (DIG)
  • Financial Oversight & Management Board for Puerto Rico v. Centro de Periodismo Investigativo (Kagan)
  • Turkiye Halk Bankasi v. US (Kavanaugh)
  • Santos-Zacharia v. Garland (Jackson)
  • Perez v. Sturgis Public Schools (Gorsuch)
  • Glacier Northwest v. Int’l Brotherhood of Teamsters (Barrett)

 

February – 6

Decided: 3

  • New York v. New Jersey (Kavanaugh)
  • Twitter v. Taamneh (Thomas)
  • Gonzalez v. Google (PC)

Remaining: 3

  • Dubin v. US
  • Biden v. Nebraska
  • Department of Education v. Brown

Justices who have not yet written: Roberts, Alito, Sotomayor, Kagan, Gorsuch, Barrett, Jackson

March – 10

Decided: 2

  • Amgen v. Sanofi (Gorsuch)
  • Polselli v. IRS (Roberts)

Remaining: 8

  • US v. Hansen
  • Arizona v. Navajo Nation
  • Coinbase v. Bielski
  • Abitron Austria v. Hetronic International
  • Jack Daniel’s Properties v. VIP Products
  • Lora v. US
  • Smith v. US
  • Samia v. US

Justices who have not yet written: Thomas, Alito, Sotomayor, Kagan, Kavanaugh, Barrett, Jackson

April – 9

Decided: 4

  • Slack Technologies v. Pirani (Gorsuch)
  • S. ex rel Schutte v. SuperValu (Thomas)
  • Dupree v. Younger (Barrett)
  • Tyler v. Hennepin County (Roberts)

Remaining: 5

  • Pugin v. Garland
  • Groff v. DeJoy
  • Counterman v. Colorado
  • Lac du Flambeau Band v. Coughlin
  • Yegiazaryan v. Smagin

Justices who have not yet written: Alito, Sotomayor, Kagan, Kavanaugh, Jackson

Number of opinions per justice

  • Roberts: 2 – Polselli, Tyler
  • Thomas: 4 – Ciminelli, Ohio Adjutant General, Taamneh, Schutte
  • Alito: 2 – Sackett, Percoco
  • Sotomayor: 3 – Andy Warhol, Cruz v. Arizona, Wilkins v. US
  • Kagan: 3 – Helix Energy, SEC v. Cochran, Puerto Rico
  • Gorsuch: 5 – National Pork Producers, Bittner, Perez, Amgen, Slack
  • Kavanaugh: 3 – Reed v. Goertz, Turkiye Halk Bankasi, New York v. NJ
  • Barrett: 4 – Arellano v. McDonough, Bartenwerfer, Glacier, Dupree
  • Jackson: 3 – Delaware v. PA & WI, MOAC Mall Holdings, Santos-Zacharia
  • Per curiam: 1
  • DIG: 1

Amy L Howe
Until September 2016, Amy served as the editor and reporter for SCOTUSblog, a blog devoted to coverage of the Supreme Court of the United States; she continues to serve as an independent contractor and reporter for SCOTUSblog. Before turning to full-time blogging, she served as counsel in over two dozen merits cases at the Supreme Court and argued two cases there. From 2004 until 2011, she co-taught Supreme Court litigation at Stanford Law School; from 2005 until 2013, she co-taught a similar class at Harvard Law School. She has also served as an adjunct professor at American University’s Washington College of Law and Vanderbilt Law School. Amy is a graduate of the University of North Carolina at Chapel Hill and holds a master’s degree in Arab Studies and a law degree from Georgetown University.
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