Justices might also end up forgoing concurring opinions “that don’t necessarily need to be written, just because of the volume of work that they’re obviously going to need to do to get all these opinions out in the next couple of months,” Gorod said. “When we finally see who all the dissenters were and how splintered the opinions may be, we'll have a better sense of whether this really was an unpleasant time for the court, or whether it was just a lot of separate opinions or something like that.”īrianne Gorod, chief counsel for the Constitutional Accountability Center, said that the delay in releasing decisions may wind up with the justices curtailing the length of opinions. “It's kind of hard to tell what's going on,” Elwood said. The more justices write about a case, the longer it will take to release the opinion. One potential factor could be cases where justices want to write separately in the decision, Elwood said. John Elwood, a partner at Arnold & Porter and the head of the firm’s appellate and Supreme Court practice, said he has never seen this many opinions outstanding this far into a term. So I don't think anyone needs to worry,” Kavanaugh told the crowd at the Notre Dame Law Review Federal Courts Symposium.
"I am confident they'll all be out by the end of June. Kavanaugh defended the court’s slow pace in an appearance at a Notre Dame event in January, attributing it to “a coincidence of which mix of cases were in October and November.” By this time last term, the court had issued nearly two dozen opinions. Experts say the court has handled cases at a historically slow pace this term, with just 13 issued. They kept a commonly used medication abortion drug on the market, and rebuffed former President Donald Trump’s effort to intervene in the Justice Department’s investigation that found classified documents at his private club.īut the last oral arguments of the term were last week, and there are still opinions in potential blockbuster cases that will be released before the conclusion of the term at the end of June.Īnd it could be a time crunch.
The justices already have weighed in on high-profile issues since the beginning of the term in October. The Supreme Court has dozens of cases to decide in the next two months that could reshape American law on race in elections and education, religious protections in the workplace and other areas.
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