A little calm before the coming SCOTUS storms?
The Supreme Court has about 8 weeks to issue over 40 opinions in cases argued this Term if it is going to wrap its work before the start of July (as is its yearly custom). That means we could and should expect about five rulings per week, on average, though I expect we will get fewer than that number through May and perhaps a lot more the last few weeks of June. The Court has announces that this Thursday (May 9) will be an opinion day, and suspect we may be three or more opinions on that day.
As the legal world awaits big rulings from SCOTUS in a variety of legal arenas, here I always forcus on the Court’s criminal justice work. In that space, I count nearly a dozen notable criminal cases still pending, some constitutional and some statutory. Though a number of these could be blockbusters, there are at least three constitutional cases that I am especially eager to see the Court’s opinions. In these three cases, based in part on oral argument, I am already pretty sure which party is likely to prevail, but just how the opinions are written could still prove really interesting:
US v. Rahimi, No. 22-915 [Arg: 11.7.2023]
Erlinger v. US, No. 23-370 [Arg: 3.27.2024]
City of Grants Pass, Oregon v. Johnson, No. 23-175 [Arg: 4.22.2024]
In all of these cases, dealing with the Second, Sixth and Eighth Amendments, respectively, just how the Court gets to its results could matter a whole lot. In addition, in all these cases, I am also interested in how particular Justices vote and what certain Justices might have to say along the way.
I strongly doubt we will get any of these rulings before the last few weeks of June (though I could imagine Erlinger coming a bit earlier). In the meantime, there are more than a few other criminal cases that could prove important and interesting. Indeed, that Culley v. Marshall, No. 22-585 (argued October 30) and Brown v. US, No. 22-6389 (argued November 27) have not yet been resolved has me wondering if intriguing opinions are in the works.
Any thoughts on these cases or others yu may be watching for, dear readers?