Who's Writing Raich
May 27, 2005
A contributor of a message board asked:
Per SCOTUSblog: "For the December sitting, decisions are outstanding in Raich (medical marijuana) and Miller-El (Batson). Neither Justice Stevens nor Justice Souter has issued a majority opinion for the sitting, so they presumably are the authors."
If the Chief participated, why would he assign the majority opinion to Stevens or Souter when, presumably, Raich is a 9-0 opinion? Why not let Kennedy or Scalia write it?
Marty Lederman has an interesting response located here.
UPDATE: Mr. Lederman has another intriguing possibility here.