Howard Wasserman: “wyers for both sides in yesterday’s argument in Shapiro v. McManus encountered an unusually subdued Court. In a case considering whether a single district judge can dismiss, for failure to state a claim, an action that otherwise must be decided by a three-judge district court, the Justices asked fewer questions than in many arguments and allowed both attorneys to speak for long stretches without interruption. Many of the questions were less about challenging the attorney than about understanding the three-judge district court process generally and as it applies in reapportionment cases. But many questions, particularly from Justices Antonin Scalia and Elena Kagan, indicated a likely victory for the voters challenging Maryland’s legislative redistricting, allowing them to have their claims heard by a three-judge court.”

Josh Douglas: “And here is a bonus thought: although it is never a good idea to read the tea leaves, I predict a reversal in Shapiro, quite likely 9-0.”