Breaking: Justice Kagan is no longer participating in Jennings v. Rodriguez, hearing rights for detained immigrants, due to earlier participation in the case while SG. #SCOTUSpic.twitter.com/zJpVF8iIQ6
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As to the end result, this likely means a 4-4 vote that had become a 5-4 vote that will now be a 5-3 vote. (But, it would be REALLY wild if this now brought it back to a 4-4 vote for some reason!)
Interestingly, this suggests that reargument was likely unnecessary, and a 4-3 decision could have been issued last year.
I think it signals that with gorsuch added, now her vote is not essential. So it doesn’t matter. She now knows the conference vote even if we don’t.
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