As the Supreme Court’s docket entry shows, this case was set for discussion at the Justices’ conference on Monday. When orders were released on Tuesday, nothing about the Texas case. Does that mean that the Justices will summarily affirm the result?
Although I have indicated here that I think a summary affirmance is the most likely result in this case, silence this past Tuesday does not mean much. There will be more orders early next week. My guess is that even if a majority of Justices vote for a summary affirmance, there will be a dissent in the Texas case by at least some of the Vieth dissenters. It will take time for such a dissent to be written. On the other hand, if the case is to be set for oral argument, I would expect that to happen pretty soon.