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Not yet for Booker and Fanfan

November 9, 2004

The speculation that today was the big day proved inaccurate, as now two reliable sources report that the US Supreme Court did not issue its opinions in Booker and Fanfan today. 

Conforming Howard Bashman’s genius here, it appears according to the SCOTUS Blog post here that the Court issued two relatively brief unanimous opinions today.  Interestingly, today’s opinions were authored by Chief Justice Rehnquist and Justice O’Connor, which leads me to speculate that they are not writing for the Court in Booker and Fanfan (though that’s hardly a surprising notion).

Sorry if I fueled unhealthy buzz that we might see the decisions today; I guess I am just too eager to see what the Court finally has to say.  Indeed, my efforts this morning to outline just some of the issues that confront the Court here is a reminder of how hard the decision is.  And the failure to get the opinion out quickly heightens my fear that we may see a fractured decision.  Stay tuned.

UPDATE: Chris Geidner at Law Dork deserves extra credit here for beating me to the inevitable Beckett reference.