In Line, but Neither First One nor at One First
Citizens United looks super-likely to come down this morning, but this 6am, I sit in another line.
Meanwhile, I will be in class from 9am-11am. Until I bolt out of class at the stroke of 11, I leave you with this prediction:
I post that prediction with something less than certitude. I made it a week after attending the oral argument, expecting the Court to hand its decision down as early as the first week of October. But it’s now January and it’s apparent that the justices did not have a pre-written opinion on standby after all.
The delay suggests that we could see a late Rehnquist-era fractured opinion where a majority may hold for a certain principle, but falls into disarray over how to get there and what getting there may entail. It does not suggest, however, a NAMUDNO-style pull-back to a broad consensus opinion with a narrow holding.
We will know soon enough.