10:14
Amy:
Here comes Lyle to tell us that Justice Breyer is reading from his dissent in Knox. That’s why we have no additional news for you regarding the next opinion.
10:15
Amy:
We don’t know what the next opinion is. We expect another one, which would not be from either Justice Sotomayor or Justice Kagan, because the Court goes in order of reverse seniority and the Knox case was by Justice Alito. So it will be Alito or one of the more senior Justices.
Tom:
The union dues case may be quite significant — there is not only the dissent but a narrower concurring opinion that says that “[t]he majority thus decides, for the very first time, that the First Amendment does require an opt-in system in some circumstances [for union dues]: the levying of a special assessment or dues increase.”
10:16
Amy:
We don’t know how many more we are getting today, just that Lyle has told us that there will be at least one more. And he’s been doing this for over fifty years, so I trust him.
10:18
Tom:
So on the majority’s rationale, the Court is 5-4 in the union dues case, divided on ideological lines. But in the result it is 6-3.