Today is exactly two months since the September 6 Supreme Court oral argument in the McCain-Feingold BCRA case. Back then, I predicted that the most likely time for the Court to issue its decision and opinions would be mid-October through November. We are now in the midst of that period. I understand that the Court when it is in session usually issues opinions on Tuesdays and Wednesdays. The winter break starts December 15, and I very much expect an opinion by then, because that will be around the time that the issue advocacy provisions of the law will kick in by virtue of the first primaries and caucuses. But the Court has no official deadline by which it must decide the case.
Of course, I’ll have complete coverage whenever the opinion issues.
UPDATE: Marty Lederman has explained to me that the Court also occasionally issues opinions on the Mondays after a week in which oral arguments have been held. Thus the possible scheduled dates for the release of the opinion this year are: 11/12; 11/17; 12/2; 12/3; 12/9; 12/10 and 12/15. The Court could well issue the opinion on another day if it is ready, particularly given the Congressional mandate to expedite consideration of the case.