Before I get into the odds and ends coming up for the U.S. Supreme Court, let's note that there is an ongoing important decision for the New York Court of Appeals (highest court).
The conservative chief judge (not for any problematic reason! surely!) is stepping down early resulting in a key moment for Gov. Hochul to change the tenor of an often 4-3 (see, e.g., the gerrymandering case) court. Hochul's first nominee was a former prosecutor, but still a pretty good pick from my vantage point. She was in the dissent in the gerrymandering case too.
I do not pay much attention to the court, but this is an important moment that can influence the future of state law.
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There have been no opinions in fully argued cases yet this term, which is somewhat behind schedule. They often have some minor opinion released by now. Last term, the big Texas abortion lawsuit case also dropped in December. We also await Justice Jackson's first opinion of the Court, after we saw two dissents in shadow docket type cases.
Amy Howe and others (go to her website to get various details on the matters addressed here) noted that the public information office notified the press that (first time since early 2020) there will be opinion announcements. No change on the release schedule, including having audio or transcripts on the Supreme Court's own website. Which would be ideal.
The statement was -- as is often the case -- only released to the press. There is a "press release" and "media advisory" section on the Supreme Court website. This is used sparingly. I dropped Chief Justice John Roberts a letter noting my discomfort in such news only coming indirectly. It is a tad ironic after the Supreme Court in numerous decisions rejected claims by the press that they should have special privileges.
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Brett Kavanaugh attended a private holiday party on Friday night at the home of Matt Schlapp, who is chairman of the Conservative Political Action Coalition (CPAC), and that attendees included Stephen Miller"
On the "Supreme Court needs an official ethics code" front, we have this. The House recently had a hearing that not only flagged allegations that Alito leaked the Hobby Lobby opinion result, but that ideological groups do various things to try to influence the Supreme Court. This is a sort of "appearance of impropriety" matter. He's not just a conservative lackey anymore. He should have a higher concern for appearances.
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December 15th is Bill of Rights Day. There are some good books on the Bill of Rights. Linda Monk's volume is great. I like the book co-authored by Caroline Kennedy too. Akhil Amar has an interesting "Bill of Rights" book too. And, there is the classic The Birth of the Bill of Rights, 1776-1791 by Robert Allen Rutland.
I read Bernard Schwartz's unpublished opinions of the Warren Court book (following up on the Burger Court volume). It's interesting to see some of these opinions, including a Griswold opinion with just a single reference to privacy and a bit more on marriage. His analysis of "what might have been" left a bit to be desired.
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The Order List on Monday was a yawn, but they did later grant three more cases (not too exciting), and separately another case regarding the Biden student loan forgiveness program. Also, an attempt to block a California ban on flavored tobacco was also denied without comment.
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There are no more executions scheduled this year or conferences. The Supreme Court will be back next month/year. The Chief Justice End of the Year report drops on New Year's Eve. There might be some order or such before then.