I’m guessing we will see something by the end of next week (the 20th), likely a per curiam order (with perhaps a statement or two of dissent or concurrence) adopting something like the Justice Kagan approach.

The Court has no more arguments until 2/21, and it would be quite a waiting game if the Court decided to see if the DC court could issue its ruling on the preclearance on the merits (closing arguments Feb. 3) thereby mooting the issue before the Court.