Well we’re coming down to the wire, folks. The Supreme Court is wrapping up its term any day now, and no still no word on Leegin. Tom Goldstein from SCOTUSBLOG tells us the decision’s coming on Thursday. He also predicts that the author will be Justice Stevens, who has an antitrust background and hasn’t written an opinion since March.
Say it ain’t so!
Justice Stevens, you may recall, was one of the two justices who, at oral argument, appeared inclined not to overrule Dr. Miles. (Souter was the other. Breyer was ambiguous.)
I stand by my earlier prediction of a 7-2 (or maybe 6-3) decision overruling Dr. Miles, with a majority opinion by Justice Scalia.
I also reaffirm my earlier promise to eat my hat if Dr. Miles is not overruled. (Mind you, there’s no consideration for that promise, nor (presumably) has there been any justifiable reliance upon it.)