Updated Post: The Court hands down opinions on Thursday this week. IF it’s going to dismiss this case, Thursday would be one likely date for an order dismissing the case, given the time that’s elapsed since the latest filings to address this issue. Conversely, if the Court does not dismiss Moore on Thursday, is that a sign it is going ahead to reach the merits? We will already be into June by the time the next opinion day is scheduled.
The original post suggested we could learn the answer tomorrow, when the Court hands down orders. But I’ve been reminded that when the Court dismisses a case after argument, that would come down on a day the Court hands down opinions, not orders.