Did the blog just tip off how SCOTUS was going to rule in Heller?
I hope so!
Did the blog just tip off how SCOTUS was going to rule in Heller?
First of all, there's no hard and fast rule that every single Justice must write a majority opinion for at least one case each term. Think about it: what if that Justice NEVER was in the majority for that term?
Second, the Chief Justice decides who writes the majority opinion. On really big cases the Chief Justice often takes it for himself.
Third, and most importantly, Scalia may not be in the majority in the Heller case - there simply are no guarantees, no matter how favorable the arguments may have seemed in March, as the vast majority of the decision-making is based on the prior court record and the written briefs filed before oral arguments.
OK, so none of the above appears very positive for our side. I'm just spelling out why we can't be assured that Scalia will be writing the majority opinion in Heller, even if we win. FWIW, I do think we'll win - "win" being defined as "DC loses and the 2nd is ruled to protect an individual right." I don't know how much more we can reasonably expect - from ANY Court. Typically, decisions are made on the most narrow basis possible (typically, though not always), and especially with a divided Court you're not likely to see a strong and broad opinion of (for example) strict scutiny being applied to all situations where a government limits firearms rights. I would certainly LIKE to see such a result, but I'm not holding my breath.
Oh I hope it comes down to him on that decision, that would be very good news indeed.
Check out the link. The first sentence of the second paragraph pretty much addresses both of your concerns.