Where is Bilski?

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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5 Responses

  1. Daniel says:

    Go Butler!

  2. Joe Miller says:

    I was actually wondering the same thing this weekend and did a little digging on opinions issued from the Court’s first two sittings – the one starting Oct 5, and the one starting Nov 2. Bilski was in the second of these two sittings, along with 25 other cases.
    If the past is any indication, one would expect each Justice to write about 3 majority opinions from this group. Perhaps Justice Sotomayor, as a newbie, would be assigned 2.
    Here’s what I figured out, toting up what’s happened thus far this Term …
    The Court has issued opinions in 18 of the 26 cases from its first two sittings; thus 7 remain. Among those yet to issue, there are some that are likely to produce fireworks, such as (a) Stevens, the animal cruelty video/free speech case; (b) Buono, the religious symbol on gov’t land; (c) McGhee, the prosecutorial immunity case; and (d) Graham and Sullivan, both challenging Florida’s life-without-parole sentences for juveniles.
    From those two sittings, the following Justices have written the stated number of majority opinions:
    3 each for Justices Scalia, Breyer, and Ginsburg.
    (I don’t thank any of them is likely to be the author of Bilski.)
    2 each for Justices Roberts, Thomas, Alito, and Sotomayor.
    (Perhaps one of them is writing Bilski, but I doubt it.)
    1 majority opinion from Justice Stevens. (I think he’ll author Bilski.)
    0 majority opinions from Justice Kennedy. (He’ll be writing the majorities in the hot-button, sharply divided cases, because he’ll be in the majority in all of them.)
    I don’t know when Bilski will issue. But I’m pretty confident Justice Stevens will author the majority opinion. He is, of course, the author of Parker v. Flook and the principal dissenter in Diamond v. Diehr.

  3. Joe Miller says:

    Should have said “8 remain.” In my notes, I had collapsed the 26 to 25 because of the two cases against the state of Florida, argued the same day, raising the same juvenile sentencing 8th Amendment challenge.

  4. Ken says:

    Butler’s mascot is way cool.

    But if you ever walked through the Sarah P. Duke Gardens, and thence turned down Chapel Drive and into the Duke Chapel, you might have second thoughts. That’s quite a place.