January 20, 2010
Now They Are Toying With Us
The Supreme Court has announced a special sitting Thursday, and my understanding is that one or more opinions will be released.
It is hard to imagine why they would do this if not to release Citizens United.
But it is odd even for that. At this point, why not wait until Monday, when they have orders in any cases? Here's my thinking: some of the Justices might not be in town Monday (they meet on Friday in conference, but have no arguments on Monday). If some Justices want to read parts of their opinions aloud, especially dissents, they may want the Thursday session to do so in person. I recall Justice Breyer's oral dissent in 2007: "It is not often in the law that so few have so quickly changed so much."