The Supreme Court on Tuesday issued decisions in three of the 10 as-yet-undecided cases. The justices will return to the bench on Thursday morning to issue more opinions, but Thursday will not be the final day before the justices’ summer recess. Here is a list of the seven as-yet-undecided cases, along with (when possible) discussion of who may be writing which opinion.

1. Students for Fair Admissions v. University of North Carolina (argued Oct. 31, 2022): Students for Fair Admissions, the group bringing the lawsuit, contends that UNC violates the 14th Amendment’s equal protection clause, which bars racial discrimination by government entities, by considering race in its admissions process when it does not need to do so to achieve a diverse student body. Three justices – Chief Justice John Roberts and Justices Samuel Alito and Brett Kavanaugh – have not yet written opinions for the court’s November argument session, but Kavanaugh has already written seven opinions (more than any other justice), so Roberts and/or Alito are the most likely authors for the UNC and Harvard cases.
2. Students for Fair Admissions v. Harvard College (argued Oct. 31, 2022): This is a lawsuit brought by Students for Fair Admissions, the same group that filed the lawsuit against UNC, alleging that Harvard violates Title VI of the Civil Rights Act, which bars entities that receive federal funding from discriminating based on race, because Asian American applicants are less likely to be admitted than similarly qualified white, Hispanic, or Black applicants. Justice Ketanji Brown Jackson, who until recently served on Harvard’s board of overseers, recused herself from the case.
3. 303 Creative v. Elenis (argued Dec. 5, 2022): In this case, the justices are grappling with the tension between legal protections for LGBTQ people and the rights of business owners who are opposed to same-sex marriage. Lorie Smith, a Colorado website designer, is a devout Christian who believes that marriage is limited to unions between heterosexual couples only. She wants to expand her business to include wedding websites, but does not want to create wedding websites for same-sex couples. She seeks a declaration that Colorado cannot enforce its anti-discrimination law against her. Only Justice Neil Gorsuch has not yet written an opinion for the court’s December argument session, so he is the most likely author.
4. Biden v. Nebraska (argued Feb. 28, 2023): One of two challenges to the Biden administration’s student-debt relief plan, this case was filed by six states with Republican attorneys general. The debt relief plan relied on the HEROES Act, a law passed after the Sept. 11 attacks that gives the Secretary of Education the power to respond to a “national emergency” by “waiv[ing] or modify[ing] any statutory or regulatory provision” governing the student-loan programs so that borrowers are not “placed in a worse position financially” as a result of the emergency. The states contend that the HEROES Act does not give the secretary of education the power to implement the debt relief program and, moreover, that the program violates the laws governing federal agencies. Before the justices can consider those questions, however, they must decide whether the states have a legal right to sue at all. The states’ primary argument is that one of the challengers, Missouri, controls one of the largest holders and servicers of student loans in the country. If the program is allowed to go forward, the states say, it could cost the agency as much as $44 million each year. The student loan cases are the only cases from the court’s February argument session that have not yet been decided. However, there are six justices who have not yet written for the court’s February session – Roberts, Alito, Gorsuch, and Justices Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson – so one (or two) of those justices is likely writing in the student loan cases.
5. Department of Education v. Brown (argued Feb. 28, 2023): The second challenge to the debt relief program comes from two individual student-loan borrowers. One is not eligible for any relief under the Biden plan because she does not have any federal student loans, while the other cannot obtain the full $20,000 in relief available to some borrowers under the Biden plan. They too question the Biden administration’s reliance on the HEROES Act, but they too must first overcome questions about their right to sue.
6. Abitron Austria GmbH v. Hetronic Int’l (argued Mar. 21, 2023): Under the Lanham Act, an individual who “uses in commerce” a trademark that she does not own in a manner that is likely to cause consumer confusion can face civil liability. The question before the justices in this case is whether and when the Lanham Act applies to trademark infringement that occurs outside the United States. Justice Sonia Sotomayor is the only justice who has not yet written an opinion from the court’s March argument session.
7. Groff v. DeJoy (argued April 18, 2023): In the case of an evangelical Christian who declined to work as a postal carrier on Sundays, the justices are considering how far employers must go to accommodate the religious practices of their employers. Under federal law, employers cannot discriminate against workers for practicing their religion unless the employer can show that the worker’s religious practice cannot “reasonably” be accommodated without “undue hardship.” The former postal worker, Gerald Groff, has asked the justices to overturn a 1977 decision indicating that an “undue hardship” is anything that would require more than a trivial or minimal cost. Alito is the only justice who has not yet written an opinion from the court’s April argument session, so he is the likely author in Groff’s case.