No Booker/Fanfan (or CJ Rehnquist) today

As noted in this November events calender, I had heard a few predictions that the Supreme Court might deliver its opinion in Booker and Fanfan as early as today. But my sources are reporting that no opinion is expected from the Court today (or perhaps any time this week). As previously discussed here and elsewhere, a case due to be argued next Monday, Shepard v. US, raises Blakely-type issues; November 8 is now the next highlighted date on my calender for a possible Booker and Fanfan decision.

It is hard not to speculate about how Chief Justice Rehnquist’s health might be impacting the Court’s work on this case and other matters. As reported by SCOTUS Blog here and by CNN here, a press release from the Supreme Court details that the Chief is not back at the Supreme Court today, but he is working from home while taking “radiation and chemotherapy treatments on an outpatient basis.”