Maybe. But the *only* basis of ruling for Texas was mootness--and he's been pretty voting rights plaintiff-friendly in prior cases, as the rest of his opinion shows. I doubt he was being strategic; my guess is he just said "concurring" cause he was agreeing with outcome.
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Also, I don't recall a practice on 5th of carefully designating style of opinion. Some say "concurring specially" and others just "concurring" but I don't think it's as fine-tuned as at
#SCOTUS, and is really judge-specific.
End of conversation
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