If Gorsuch's concurrence was a majority opinion that couldn't command 5, he certainly did his best to hide it. "I am pleased to join" (relevant parts of AMK's op). "I write because I am hopeful that courts in the future might pause to consider both of these reasons for restraint"
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That and it was clear at argument what his views were; a Justice isn’t typically assigned a majority if they have idiosyncratic views that aren’t shared by other Justices voting the same way.
End of conversation
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