So I rarely do this, but its 5:45 pm on the East coast so let’s have a little fun and open up the comments for some wild speculation.
Here’s what we know:
- Supreme Court has a total of 10 opinions left to decide;
- Usually tomorrow would be the last day of the decision calendar but, COVID;
- The Supreme Court has announced opinions will be handed down tomorrow but we don’t know which or how many;
- The Supreme Court has announced Wednesday (7/1) will be a conference day, which means we will definitely see decisions handed down in July, because COVID;
- There are only three cases that were argued before Barr left to be decided– but SCOTUS does not hand down opinions in strict order;
- A case argued to SCOTUS the day before Barr was decided today.
So what do you think? Will we see three opinions tomorrow including Barr? Will we not see a ruling until July? And if so how deep into July must we wait?
Give us your best guess on the date, the outcome, and the Justice writing the majority position (why not?)
My guess: ruling is out tomorrow (6/30) with Justice Thomas writing the majority decision with SCOTUS refusing to sever and the statute being struck down.
The Archduke is also going with tomorrow (6/30) which Justice Alito penning the majority opinion and SCOTUS expressly striking down the entire statute.
Tav Gomez, Head of Consumer Protection at Morgan & Morgan predicts July 13, 2020 with an opinion by Chief Justice Roberts ordering severance to save the statute.
Puja Amin–our former “Queenie” and currently corporate counsel at loanDepot– predicts a ruling on July 2, 2020 (this Thursday) with Justice Kavanaugh writing and finding that the ATDS provision is dead but SCOTUS will save most of the statute.
Abbas Kazerounain, the Godfather of TCPA class actions, predicts a decision July 14, 2020 and that Justice Kavanaugh will write the decision and sever the exemption.
Brent Owen, the Earl of TCPAWorld, predicts a ruling tomorrow as well (6/30) with the TCPA’s cellphone-call provisions violate the First Amendment and do not survive strict scrutiny; the government-debt exception cannot be severed. Decision written by Chief Justice Roberts.
Sergei Lemberg–the notorious Picklemaker– predicts an opinion on July 6, 2020 written by Justice Gorsuch severing the exemption.
E-mail me YOUR guess or add it to comments below and I will update the post later tonight as additional guesses come in. And, of course, when the decision is finally ruled upon I’ll look back on this post and declare a winner. Ultimate TCPAWorld bragging rights are up for grabs.
I’ll predict a “cert was improvidently granted” per curium opinion, ala First American v. Edwards.
Its possible, but I wouldn’t count on it. The Supremes have something big lined up here I think.