The Travel Ban Case as a Per Curiam Opinion
There will be plenty of time to assess the arguments in the travel ban case that the Supreme Court will take up this Spring. Right now, I want to make a point about how the majority might style its opinion.
One thing we can say for certain is that IF the Court rules against the Trump Administration, the President will throw a tantrum. Knowing that is likely, you wonder if the majority in that scenario will choose to write its opinion as per curiam. There are two main reasons for leaving a lengthy appellate opinion unsigned. One is that the decision is genuinely the joint product of many members of the Court, thus no single person is truly the author. The other, as a judge explained to me long ago, is that in some cases involving the Mafia or other organized criminals judges would sometimes leave the opinion unsigned to avoid becoming targets. The latter might be something that the Justices in the majority will consider, unfortunately.