Supreme Court’s Last Day

by Jonathan H. Adler

Today should be the last day for Supreme Court opinions this term.  There are three matters left — a death penalty case, and antitrust case, and a pair of cases on the use of race in school assignments.  Most expect the latter to be closely divided and potentially controversial.  I expect a 5-4 decision written by the Chief Justice invalidating the use of race in school assignment save where it is necessary to remedy past discrimination, and at least one concurrence and three dissenting opinions.