The case has been considered by the justices at 13 conferences, beginning Jan. 12. At this point, it's almost certain that someone is writing something — although it's possible that they're holding the case for some reason.
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Reading Thomas's dissent (joined by Alito) and the Chief's concurrence (joined by Kennedy), it sure looks to me like those four justices would have been totally happy resolving the "exception to sovereign immunity" issue. Gorsuch wouldn't go along with it.
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From there, other interests took hold. Gorsuch was joined by the more liberal justices in avoiding the issue for now — and the Chief and Kennedy concurred, saying they "do not object" to that path "at this time." As such, what looked like a 5-4 dispute became a 7-2 decision.
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Really interesting stuff, and further reflection of this, one of the most interesting things happening at SCOTUS now, IMHO, outside of the specifics of cases. —>https://www.buzzfeed.com/chrisgeidner/chief-justice-john-roberts-has-changed-a-little-bit-and?utm_term=.mq5y0WjPo#.cqrDLMGK4 …
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