The court issued its first opinion in a case argued earlier in the term, but it is off to a historically slow pace in announcing decisions.
There could be numerous reasons for the slow start, and the court’s investigation of the leak last May of the draft of the opinion that overturnedGail A. Curley, the court’s marshal, said the investigation was unable to identify the leaker to Politico and recommended stricter controls for handling sensitive court documents, some of which have probably been implemented and may have delayed the deliberative process.
Justice Amy Coney Barrett wrote that Arellano and others in his situation might be deserving, but that Congress was clear on the deadline. “Congress could have designed a scheme that allowed adjudicators to maximize fairness in every case,” Barrett wrote. But Congress opted for rules that “prioritize efficiency and predictability.”Barrett joined the court in October 2020, so it was her first time summarizing from the bench an opinion she wrote.
Chief Justice John G. Roberts Jr. announced that the court was dismissing the case about the disclosure of legal documents that intermingle possible evidence with legal advice that carries attorney-client privilege. He did not say why, but at oral argument in the case calledthe justices had trouble deciphering how much of a difference the lawyers arguing the case had identified.
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