One Way or Another, We are Likely to Get at Least Some Opinions in Moore v. Harper

Enough time has passed since the Court asked the parties to file letters on the jurisdictional issues that it seems highly unlikely the Court — if it is going to dismiss the case — will do so with a one-line dismissal.

Two main possibilities exist. One is that the Court will decide it still has jurisdiction, despite the actions of the NC Supreme Court, and will go ahead and decide the case on the merits. The other is that the Court will decide it no longer has jurisdiction and dismiss the writ, but that several Justices will issue substantial statements expressing their position on the substantive issues concerning the independent state-legislature theory. If the latter is what happens, my speculation would be that Justices Alito and Jackson, at the least, would author one of these separate statements, but there might be others as well.

There is a third possibility for why the Court has not acted thus far. If the Court dismisses the writ, there could be a dissent from that action that would address only the jurisdictional issues. That seems the least likely of the three possibilities to me but still possible.

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