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Culture War Roundup for the week of June 22, 2026

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Does SCOTUS normally "save the best till last"? We have seen a flurry of opinions at the end of the term, and they appear to be in roughly increasing order of importance, with no sign of the 3-4 biggest cases, which I think are:

  • Barbara (Birthright Citizenship)
  • Slaughter (Will SCOTUS overturn Humphrey's Executor and ban Congress from creating executive-branch offices with just-cause removal protection)
  • Cook (In effect, can the President manufacture just cause to remove a Fed governor by indicting them for a serious crime they may or may not have committed)
  • Watson v RNC (Can states count postal votes postmarked before polling day but received after it)

The first three are all "Is this even the same Constitution?" level cases, and noisy idiots on both sides think that Watson is a "Do we still have a functioning democracy?" question, although in my view it is an unimportant technicality of election law. I would say the only cases of this importance which have been decided are Learning Resources (the tariffs) and Callais (race-based redistricting), both of which had strong practical reasons for the majority pushing a decision as fast as possible. Cook and Slaughter weren't even argued late in the term.

So the question I am asking is whether the justices are holding the biggest cases to drop together on the last day of the term out of some daft sense of drama (or more nefariously, to minimise the amount of public and press attention they get compared to dropping them separately), or is there some hitch delaying getting the opinions written. I can definitely imagine the cases being delayed because the justices are writing increasingly angry concurrences and dissents at each other, but it is also within the realms of possibility that there is still substantial haggling about getting to 5 votes. Barbara and Slaughter are both cases where a plurality opinion would embarrass the Court as well as being a practical headache.

Does SCOTUS normally "save the best till last"?

Yes. They have done this for at least my entire adult life. Charitably, it is because controversial opinions are longer, have more dissents, and require more careful reasoning that takes time to write. Uncharitably, it is so that the justices can skip town after the judgement drops.

I would include procrastination. Which is a bit of both of your responses. You get the motivation to do the actual hard work when you have a deadline to get it done.