I believe during their weekly conferences they share their thoughts about the posture of each case, take an informal vote, and I think the Chief Justice decides who will ultimately write the majority opinion. They also are getting an idea about how receptive or not their colleagues are on the 4 issues touched on in the case. Amy Howe's piece the other day pointed out that typically they share the work load for writing the majority opinions and for December it looks like Breyer, Gorsuch and Alito are due.
Gorsuch and Thomas are not fond of the government overreaching its powers, especially through the administrative state and in Collins, that's EXACTLY what happened, especially as to the steamrolling by the FHFA Director with respect to our personal property rights.
So Gorsuch or Alito writing the Majority opinion (which is the one that matters most) seems more favorable for the shareholders, but Breyer I think, pleasantly surprised us all with his constant mentioning of Nationalizing the gses.
They can do pretty much whatever they want as far who gets to write the final case from 2020.
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