Who Speaks For The Majority In Hunter v. United States?
The US Supreme Court has ruled on the Hunter v. United States case with an 8-member majority, but the decision was not unanimous as the justices split into different groups. Justice Kagan announced the decision, but Justices Gorsuch, Kavanaugh, and Barrett wrote separate concurrences, reflecting the complexity of the case. The ruling highlights the challenges of achieving near-unanimity in the Court, with different justices holding varying opinions on the issue of plea bargaining and appeal waivers.
- ▪The US Supreme Court ruled on the Hunter v. United States case with an 8-member majority.
- ▪The majority split into three groups, with Justices Gorsuch, Sotomayor, and Jackson in one camp, and Justices Kavanaugh, Alito, and Barrett in another.
- ▪Justice Kagan announced the decision, but made no reference to the separate concurrences.
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| Canonical URL | https://reason.com/volokh/2026/06/19/who-speaks-for-the-majority-in-hunter-v-united-states/ |
| Publication time | Fri, 19 Jun 2026 05:49:03 +0000 |
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Opening excerpt (first ~120 words) tap to expand
Who Speaks For The Majority In Hunter v. United States? The 8-member majority split 2-3-3. Josh Blackman | 6.19.2026 1:49 AM This morning in the Court I heard Justice Kagan hand down Hunter v. United States. As she announced it, I thought the Court reached a consensus ruling on a criminal procedure issue. But at the end, she said that Justices Gorsuch, Kavanaugh, and Barrett wrote separately. My immediate thought was "they have too much time on their hands and need to grant more petitions." But as I read through the decision, I realized how this case reflects the cost of near-unanimity. Of the eight member majority, only Justice Kagan and Chief Justice Roberts did not write separately. There were two camps of three--and not the usual ones.
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