After Tuesday’s rulings, we have a decent clue about who’s writing one of the biggest remaining decisions, writes Jordan_S_Rubin.
The Donald Trump appointee is a good bet, then, for writing 303 Creative, and it’s likewise a good bet that it will be a ruling in favor of that designer, Lorie Smith. Why? As Chris Geidner previously
, Gorsuch’s aggressive line of questioning during the December argument favored Smith’s position, which, along with other Republican appointees appearing sympathetic to her case, leads to the “foregone conclusion” that a majority will rule for her.with Roberts and the big Voting Rights Act case from Alabama. The calendar at that point in the term suggested the chief as a possible author of that case, Allen v. Milligan. As it turns out, that prediction was correct .
We may learn this week, then, if the Trump appointee Gorsuch is indeed the author of 303 Creative — and whether, like Roberts and the Voting Rights Act, the court has any more surprises in store on the substance of its decisions.
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