Following up on my last post, SCOTUSBlog reports that the RNC case, on last Thursday’s conference list, was relisted for the conference after the announcement of the final opinions of the term tomorrow. This means we may get an order Monday afternoon in the case, or perhaps Tuesday.
One possible reason for relisting is suggested by Lyle: to give the Court time to craft a scheduling order, if the case is going to be expedited per the BCRA statute. Another possible reason for relisting: someone is writing a dissent from a summary affirmance. A third (and perhaps most likely reason) for relisting: the Justices have not decided what to do. I recall when the LULAC case was relisted multiple times, before the Court finally agreed to hear the case. There was something significant going on behind the scenes then, and we still don’t know what it was.
The bottom line: we won’t hear anything tomorrow at 10 am Eastern about the status of the case. We may hear, but won’t necessarily hear, about the fate of the case when the Court issues its final orders of the term after the last conference.