Speculation on the Delay in Issuing the U.S. v. Tohono O’odham Nation Opinion from SCOTUSBlog

Matthew L.M. Fletcher
Recall our speculation on the seeming delay in the issuance of the TON opinion? Here is some more speculation from today’s SCOTUSblog Live Blog.
9:50
Tom:

It’s possible that they won’t be the authors of those two decisions, however.  One might have lost a majority opinion.
9:51
Tom:

For example, Justice Sotomayor might have lost the majority in United States v. Tohono O’odham Nation.
9:51
Tom:

In that case, which took longer than expected to decide (it was the next-longest-outstanding November case), she wrote a detailed concurring opinion that would have decided the case more narrowly.  Justice Kennedy ended up writing the majority opinion.