.@AppellateDaily They may have just felt no need to write at all, and certainly not to join J. Scalia's combative concurrence.
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@rickhasen Yes, could be either or both of those reasons. Roberts & Kennedy are measuring twice, to cut once. But how will they cut? -
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@AppellateDaily as I blog, vote here is good predictor of vote on merits http://electionlawblog.org/?p=56837 -
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@rickhasen Agree that 7 votes could be set. But are mystery 2 also a done deal? Yes, they voted w majority today. No, they didn't say why.
End of conversation
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