Bench Memos

Supremes in Home Stretch

At 10am today, the Supreme Court will issue its final orders for the term, and will almost certainly release a few opinions.  Only eight cases remain (counting the two school assignment cases as one), and opinions should be be issued for all of them this week.  What should we expect?  A 5-4 split is likely in the school cases, in which the Court is expected to invalidate local school districts’ use of race in pupil assignment.  Rulings are also due in cases involving campaign advertising restrictions, the ability of taxpayers to challenge the faith-based initiative in federal court, the application of the Endangered Species Act to other environmental programs, and whether property owners have any remedy when government officials try to extort their land.  Stay tuned . . . .

Jonathan H. Adler — Mr. Adler is an NRO contributing editor and the inaugural Johan Verheij Memorial Professor of Law at Case Western Reserve University School of Law. His latest book is Marijuana Federalism: Uncle Sam and Mary Jane.


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