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To: Virginia Ridgerunner
The only Justice without a majority opinion from that sitting is Justice Scalia.

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.

15 posted on 06/23/2008 7:46:02 AM PDT by Ancesthntr (An ex-citizen of the Frederation dedicated to stopping the Obomination from becoming President)
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To: Ancesthntr
Chief Justice decides who writes the majority opinion.

True, but only if he is in the majority. If he is not, the senior justice in the majority assigns the opinion.

17 posted on 06/23/2008 7:48:56 AM PDT by Publius Valerius
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To: Ancesthntr
The only Justice without a majority opinion from that sitting is Justice Scalia.

Third, and most importantly, Scalia may not be in the majority in the Heller case - there simply are no guarantees


I'm trying to understand your reasoning here. They said that there is only one case left from the March term. They said that Scalia is the only one without a majority opinion from the sitting. Are you afraid of what Scalia would write in regards to a majority opinion for the only case left in that sitting (Heller)? I'm not, in fact I'm esctatic because Scalia would write an opinion that gives the broadest interpretation of the individual right of 2A on that court next to Thomas.
30 posted on 06/23/2008 10:15:31 AM PDT by Old Teufel Hunden
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