Looks like this piece assumes CJ Roberts was with the majority in gay rights case. That's not certain.https://twitter.com/NoahRFeldman/status/879810715514658816 …
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if custom holds, then at the very least, he provided a sixth vote for disposing of the case summarily, no?
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No, but I'd always thought that it takes six votes to agree to resolve a case summarily, even if the ultimate vote on the merits is 5-4...
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