I've changed my mind on this now I've had a chance to look at opinions. Could have been 6-3 with Scalia.
Only ruling today was 5-3, but looks like it could easily have been 4-4, with Thomas concurring in the judgment.
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@lawrencehurley Or 7-2! Kagan sure didn't appear to ~like~ the outcome!
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@lawrencehurley Isn't it more likely that Scalia initially wrote, or voted to join, Thomas's concurrence in the judgment, so it was 6-3? -
@steve_vladeck I didn't cover argument so ¯\_(ツ)_/¯
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@lawrencehurley With respect, Luis may have been 6-3 be4 Scalia death. Thomas goes beyond Breyer plurality; quotes pertinent Scalia op. -
@jostonjustice yep, my tweet was before I read opinions
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