Mirabelli v. Bonta · ¶38

Certainly, the Court cannot claim that thought and care are not needed. If nothing else, this Court owes it to a sovereign State to avoid throwing over its policies in a slapdash way, if the Court can provide normal procedures. And throwing over a State's policy is what the Court does today. To be sure, the Court sprinkles the word “likely” atop its assessment of which party's arguments will succeed. But no one—in particular, neither a state official nor a lower court—is apt to read the Court's per curiam, brusque though it is, as anything less than a conclusive merits judgment.

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