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Sunday, October 18, 2020

Breyer as assigning justice

A fun one-off thing to watch for this Term--will  Justice Breyer have an opportunity to assign a majority opinion as senior-most associate justice in the majority? It would take an odd line-up: TheChief and Thomas in dissent and Breyer leading a majority of himself and four of Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, and Barrett. Trying to imagine the case that would produce that lineup with the Chief.

Posted by Howard Wasserman on October 18, 2020 at 08:02 PM in Howard Wasserman, Judicial Process | Permalink


Fair point, although I was thinking about this Term and any expansion will not be in place before next fall. I also see Breyer retiring at the end of this Term if Biden wins--he is not going to want to take the risk that Ginsburg did.

Posted by: Howard Wasserman | Oct 19, 2020 12:53:25 PM

Or Roberts is recused and Thomas dissents.

Posted by: Recused | Oct 19, 2020 9:32:01 AM

The probability increases with court expansion.

Posted by: JHW | Oct 19, 2020 8:09:06 AM

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