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April 04, 2007


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» Round-Up from SCOTUSblog
Lyle Denniston has this post at Justice Talking's new blog, "At the Court with Lyle Denniston," discussing the Guantánamo detainees' continuing legal battle and Justice Kennedy's powerful vote. This editorial in today's Washington Post discusses the ha... [Read More]



This post suggests that you don't have a grasp of the process behind how Justices reach their decisions. It's simply not the case that a Justice's vote is in play, and competing opinions attempt to win that Justice over. Justices make up their mind, tentatively resolve to join an opinion, and then seek to shape that opinion to retain their vote. If it doesn't, they write an opinion concurring in the judgment. In other words, the decision on the outcome is made; it's simply a matter of which reasoning the Justice agrees with: another Justice's or his/her own.

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