Pure speculation: Breyer to write a narrow opinion
striking down the
Vermont contribution (and expenditure) limits according to his
understanding of Shrink Missouri and well as his
democratic/constitutional theory in Active Liberty; Kennedy
writing the controlling opinion (but perhaps only for himself) in the
Texas redistricting case, holding that there is no per se objection to
mid-decade redistricting, deferring the basic question of a
post-Vieth standard for partisan claims, and invalidating a
couple
of specific districts on racial gerrymandering grounds?????
At 10:48 AM 6/19/2006, Rick Hasen wrote:
No Opinions in Texas or
Vermont Cases Today. Some Hints on Who is Writing Those
Opinions
The Supreme Court did
not
issue opinions today in the Texas redistricting case or the
Vermont campaign finance case. We expect 16 more sets of opinions from
the Court, and the next opportunity for opinions is Thursday.
Marty Lederman just called me with the following observation. He notes
that Justices Kennedy and Breyer are the only Justices who have not
authored opinions from the February session (in which both the Texas
and
Vermont cases were argued). Marty says that anything is possible, and
there may be multiple opinions, but his guess at this point is that
Kennedy and Breyer are each the lead author of one of these
opinions.
Tune in again Thursday.
--
Rick Hasen
William H. Hannon Distinguished Professor of Law
Loyola Law School
919 Albany Street
Los Angeles, CA 90015-1211
(213)736-1466 - voice
(213)380-3769 - fax
rick.hasen@lls.edu
http://www.lls.edu/academics/faculty/hasen.html
http://electionlawblog.org
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Edward B. Foley
Director, Election Law @ Moritz, and
Robert M. Duncan/Jones Day Designated Professor of Law
The Ohio State University, Moritz College of Law
phone: (614) 292-4288; e-mail: foley.33@osu.edu
http://moritzlaw.osu.edu/electionlaw/