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Reason
Reason
Jonathan H. Adler

Predicting Case Authors and Outcomes as the Supreme Court Hits the Home Stretch

This term the Supreme Court was extraordinarily slow to issue opinions, but they have been catching up. As of today, there are only ten argued cases yet to be decided, so it seems likely the Court will finish its October Term 2022 business this week.

As Yogi Berra warned, it's tough to make predictions, expecially about the future. Nonetheless, here I offer a few likely-worthless predictions about which justices will write the remaining opinions, and how those cases might come out.

To set the table, consider the following. The term heard fewer cases than normal, and has resulved fewer than fifty cases thus far. Justice Kavanaugh leads the pack with seven majority opinions to date. I think that's it for him. Ditto Justices Barrett, Jackson and Thomas, who have each authored six. Justice Gorsuch, Kagan, and Sotomayor have each authored five opinions, so it is reasonable to assume they were each assigned at least one more. Justice Alito and Chief Justice Roberts have each authored only three opinions, so we would expect each of them to have multiple additional opinions.

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