I guess reading really is fundamental.

I am rather nervous about this decision.

Anyone know likely outcomes of those 7 and whether Scalia is likely to find with the majority?

BT

I took “without a majority opinion” to mean “hadn’t signed onto a majority opinion”, not “hadn’t authored the majority opinion”. And had no idea that that was a tradition.

And the prospect of Scalia writing it is *very* positive.

Who knows. Just let the damn thing out already.

Normally, every justice writes at least one majority opinion per sitting. There’s no statute about it, just a tradition and the attempt to keep everything somewhat fair, but it’s followed fairly although not perfectly reliably. There’s usually enough 9-0 cases or times where all but one member of a 5-4 vote changes that this is seldom an issue.

While you have to be in the majority to write the majority opinion, not writing a majority opinion isn’t proof of being in the minority — each case (usually) gets only one majority opinion, while it usually has five or more votes.

http://www.govtrack.us/congress/billtext.xpd?bill=h110-6257

Why does noting that Scalia has only written dissents in the March term imply that either A) That he won’t be in the minority on this case, or B) That he’ll be the one writing the Majority opinion on this case?

It would seem to imply, to me, that if he’s been in the minority on all the other cases, that it’s likely he’s in the minority on this one too.

What am I missing?

The only opinion remaining from the March sitting is Heller. The only Justice without a majority opinion from that sitting is Justice Scalia.

– Scotusblog live feed.

Oh, dear gods.