Reporters packed into the press room here at the Supreme Court this morning on the off chance that justices released a decision on the constitutionality of the national health care law, but it didn't come. Instead, the Court ruled on four other cases. Before reading the first decision, which involved title disputes on Indian lands (Match-E-Be-Nash-She-Wish Band v. Patchak), Justice Elena Kagan joked, it "may not be why you all came here today."
The Supreme Court now has two days scheduled for issuing opinions for this term -- Thursday and next Monday -- and nine remaining decisions to issue. Of course, the justices could add additional days for issuing opinions, or choose not to rule on the health care case by the end of the month. The consensus among Court watchers, based on prior convention, is that the justices are most likely to release the decision next week, probably Monday. For a more detailed breakdown of the logic behind the conventional wisdom, check out ACA Litigation Blog. I've also updated the blog's list of the remaining decisions for this term, reflecting today's rulings. There are nine cases left, including the health care law. They are listed in the order that the cases were argued, but that doesn't necessarily have any relationship to the order of the rulings being issued.
1. First American Financial Corp. v. Edwards (argued November 28)
2. Knox v. SEIU (argued January 10)
3. FCC v. Fox Television Stations (argued January 10)
4. United States v. Alvarez (argued February 22)
5. Southern Union Co. v. United States (argued March 19)
6. HHS v. Florida, Florida v. HHS, and NFIB v. Sebelius (March 26-28)
7. Miller v. Alabama and Jackson v. Hobbs (argued March 20)
8. Dorsey v. United States (curvelined with Hill v. United States) (argued April 17)
9. Arizona v. United States (argued April 25)