We’ve previously commented about CAAF’s anorexic docket this term. (See, e.g., here.) If I compute correctly, CAAF’s current number of 2009 Term decisions of the court (16) plus argued-but-yet-to-be-announced cases (13) plus scheduled-but-yet-to-be-argued cases (6) plus granted-but-not-yet-scheduled cases (7) equals 42.
Today it occurred to me to wonder what the realistic cutoff date is for a case to be granted, argued, and decided this term. The final oral argument sittings of the term are scheduled for 5 and 6 May. Assuming that, realistically, a reply brief would have to be filed no later than Friday, 1 May for a case to be heard on one of those dates, then a case would have to be granted no later than Wednesday, 18 February to be briefed under the normal briefing schedule and ready for oral argument this term. (If a case were granted on Thursday, 19 February, the normal briefing schedule wouldn’t run until Monday, 4 May — just one or two days before the final scheduled sittings of the term.)
CAAF could add oral argument dates later in May to expand this term’s docket somewhat. But absent such a change, the total number of opinions of the court this term is likely to be limited to 42 plus the number of cases granted or certified in the 14 days extending from today through 18 February.