Just read that concurrence (https://www.supremecourt.gov/opinions/16pdf/15-1391_g31i.pdf …). May be first time Just Alito and Sotomayor together in an opinion.https://twitter.com/KimberlyRobinsn/status/847087518172504064 …
The majority opinion in today's Expressions Hair Design case is a vintage CJ Roberts minimalist punt
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looks like Kagan will be writing McCrory as this takes Roberts off table for Nov. and Alito will do Jennings the other Nov. case.
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Why is this so? EHD was Jan case—wouldn't this maybe take Roberts off the table for Feb cases?
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Sorry got months wrong McCrory is Dec. And Roberts has now written 2 from Jan. Same result though.
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a tinge of fake minimalism perhaps since economic regulations are a bit more suspicious (cf. Breyer's concurrence)
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(my understanding is the 1A claim here was taken as a bit out there, so even granting they might have a case like this is something)
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