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April 04, 2007



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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