Two cases remain from the October sitting: United States v. Santos on the federal money laundering statute and Medellin v. Texas on the Vienna Convention and the International Court of Justice decision. Chief Justice Roberts and Justices Breyer and Alito have not yet written opinions from this sitting. Medellin involves major constitutional questions of both federalism and the separation of powers between the branches, while Santos is a rather routine statutory interpretation case. If Breyer is writing Santos, then either Roberts or Alito is writing Medellin, likely a good sign. Reading over the transcript in Santos, it seemed that the DSG was getting hit harder than counsel for Santos and that Breyer was more favorable to Santos' position than either of the other two. But this is a tenuous inference, and the fact that this seemingly routine case is taking so long indicates that something more is going on behind the scenes. I'm cautiously optimistic on Medellin.

The only remaining criminal case on the November calendar is the kiddie porn vagueness case, United States v. Williams.

The December sitting includes the blockbuster Gitmo detainee case, Boumediene v. Bush. Justices Kennedy, Souter, and Ginsburg have not yet written opinions from this sitting. The only other remaining case from the sitting is one of those terminally boring river cases, New Jersey v. Delaware. Doesn't look like a home run for the Administration, but they may yet beat out a bunt. Don't expect a sweeping statement that in the absence of a contrary statute the executive can do anything it wants with foreign prisoners without judicial interference, but a holding that the Detainee Treatment Act and Military Commissions Act are sufficient to meet (or will be construed to meet) whatever constitutional requirements may exist is quite possible.