ISO Supreme Court ruling

It’s not the sexiest or newsiest case of the Supreme Court’s term, but there are those who are anxiously awaiting a decision in the telecom case of Global Crossing v. Metrophones. And awaiting and awaiting. The case, which asks whether pay-phone providers can sue long-distance carriers over compensation for coinless pay-phone calls, was argued last Oct. 10, and a decision has still not emerged. The last time that a case argued that early was this late in being decided was five years ago, in another telecom case.

Why the delay? If Chief Justice John Roberts is spreading the work around evenly, Justice Stephen Breyer should be writing the majority. Aaron Streett in Baker Botts’ Supreme Court newsletter speculates that somewhere along the way Breyer may have lost a vote or two, and someone else is busy writing the majority. That probably bodes well for Global Crossing.

Or are the justices simply too busy arm-wrestling over the “partial birth” abortion cases, argued in November? Or maybe it’s just proof yet again of Ken Starr’s old complaint that law clerks would rather be writing about nude dancing than about business. The Court’s next opinion day is March 20.