What If The Supreme Court Releases the Fisher Affirmative Action Case Tuesday or Wednesday?

The Fisher affirmative action case before the Supreme Court was argued October 10. It is one of three cases from the October sitting not yet decided.  It is certainly plausible it could be released on Tuesday or Wednesday, dates the Court is set to issue opinions next week (according to an Editor’s Note at the top of SCOTUSBlog.)

It turns out Tuesday and Wednesday are also the dates of the arguments in the gay rights cases: Prop 8 and DOMA.  The same day release of the audio in these cases indicates, in the words of Adam Liptak, that they are the “biggest” cases of the term, more than Fisher or the Shelby County voting rights case.

Fisher may not be ready.  But if the opinion is ready to roll, it would be an act of mercy for Supreme Court journalists if the Chief Justice holds it for a week.

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