The rarity of the November decision in a reasonable case

The Announcement The Supreme Court has said it will issue one or more views tomorrow Speculation So that we can decide in one or both cases of SB8 case. The court heard Whole Women’s Health vs. Jackson And United States vs. Texas On a quick basis, so perhaps this speculation is well established. The court expedited his consideration Ramirez vs. Collier, A death sentence, as well. So that’s another possibility.

One reason for encouraging speculation that the court will decide one or both SB8 cases tomorrow is that, in recent years, the court has rarely issued opinions on controversial cases in November, and most of them were written by Justice Ruth Bader Ginsberg.

Here is a rundown of recent October and November Supreme Court decisions,

OT2021 – Two opinions on curium were issued in October, not in any reasonable case. We’ll see what November brings.

OT2020 – Opinions per Curium were issued in November, not one in a reasonable case.

OT2019 – Per Curium opinion issued in November, not in any reasonable case.

OT2018 – Two signed opinions in a reasonable case in November, Mount Lemon Fire District vs. Guido (By Justice Ginsberg) and Wyerehauser Co. Vs. US Fish & Wildlife Service (By Chief Justice Roberts). Both were unanimous.

OT2017 – Two opinions per curium were issued in November, not in any reasonable case. A signed, unanimous opinion in a reasonable case, Hummer vs. Chicago Housing Services (By Justice Ginsberg).

OT2016 – One for every curium opinion in November, not a reasonable case. In a signed, unanimous opinion Bravo-Fernandez vs. United States (By Justice Ginsberg; Justice Thomas agreed).

OT2015 – One query opinion per October and one in November, not even in the controversial case.

OT2014 – One opinion per court in October and three opinions per court in November, not one in a reasonable case.

What it does show is that opinions signed in reasonable cases in November are quite rare, and we find relatively simple opinions in a few “simple” cases that form a consensus. It also helped when Judge Ruth Bader Ginsberg was in court, as she regularly issued a signed opinion. The court’s merit docket has shrunk, on the other hand, so perhaps this autumn there is more time to work with the opinion of the judges.

So it would be unusual for the court to issue a signed opinion in a reasonable case tomorrow unless, of course, the court feels the need to resolve a case quickly, as may be the case with the SB8 case. We will know tomorrow.

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