In Line, but Neither First One nor at One First

Posted in Anticipation, Clairvoyance by Mike Sacks on January 21, 2010

Citizens United looks super-likely to come down this morning, but this 6am, I sit in another line.

Student section tickets for next week’s Duke/Georgetown game here in DC are on sale to a limited number of G’town Law students.  Consider me this morning to be 11th One @ 600 New Jersey.

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:

(Here’s Jess Bravin’s WSJ article)

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.

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2 Responses

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  1. Jill M. said, on January 21, 2010 at 9:59 am

    Was “prediction” supposed to be a link? Looking forward to your analysis in a few hours!

    • Jill M. said, on January 21, 2010 at 10:00 am

      Oh, nevermind…the “prediction” didn’t show up in the email alert I received of the post, but I see it here on the blog.


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