It depends on how to count Kennedy's 1.....is it a concurrence?https://twitter.com/bluemassgroup/status/700884296970665984 …
-
@rickhasen a plurality decision can still be precedential under Marks
.@mliroff right, but if J. Kennedy votes with dissenters on judgment, then I think Court is 4-4
-
-
@rickhasen ah, I see what you're saying. Yeah, you need a majority in judgment even if you don't have a majority opinion to trigger MarksThanks. Twitter will use this to make your timeline better. UndoUndo
-
-
-
@rickhasen@mliroff Oof. If it goes that way, then no opinions - aff'd by equally divided Court, don't you think? -
@rickhasen@mliroff Relatedly, I suspect that Chief prevailed on dissenters in today's order (there must be some) not to note dissents.... -
@rickhasen@mliroff ... so that it doesn't seem so obvious that happenstance of timing of Scalia's might've been determinative. -
@rickhasen@mliroff *timing of Scalia's death, that is. Sorry for typo.
End of conversation
New conversation -
Loading seems to be taking a while.
Twitter may be over capacity or experiencing a momentary hiccup. Try again or visit Twitter Status for more information.