SCOTUS Releasing Opinions at Slowest Pace in 100 Years

Supreme Court Opinions Released at Historically Slow Pace, with Blockbusters to Come

The Supreme Court has wrapped up its oral argument sessions for the term, but with 44 decisions still outstanding, it’s on track for its slowest opinion output in the past century. The court’s major cases yet to be decided include:

• The legality of President Joe Biden’s plan to forgive student loan debt
• Whether to uphold affirmative action in college admissions
• Whether the owner of a creative business can deny work for same-sex weddings

Other important cases related to the environment, immigration, and Native American issues have yet to be decided. The Supreme Court took up a slimmer number of cases to consider this term, just 59, making the slow release of appeals even more perplexing.

By May 2 last year, the justices had already decided 29 cases, putting the current pace of 13 cases decided this term into perspective. However, the dearth of decided cases by May 2 could indicate the justices will follow a similar pattern as last term when they released landmark rulings such as overturning Roe v. Wade and fortifying Second Amendment protections in the final month of the Supreme Court’s term.

Justice Brett Kavanaugh, part of the conservative bloc in the court’s 6-3 Republican-appointed majority, sought to downplay the delay in opinion releases in January, saying he was “confident they’ll all be out by the end of June.”

Legal scholars say more opinions will likely fall along 6-3 lines as the court’s term heads toward its finale. “Once we hit the more complex decisions and those dealing with civil liberties, I expect the court to look more like it did last term with a host of 6-3 decisions,” said Adam Feldman, founder of Empirical SCOTUS.

What’s at Stake?

The Supreme Court’s decisions this term will have far-reaching implications for a variety of issues, including:

• Student loan debt forgiveness
• Affirmative action in college admissions
• Discrimination against same-sex couples
• Environmental regulations
• Immigration policy
• Native American rights

Stay tuned for updates as the Supreme Court’s term comes to a close.