How you (and the Court) reads a sharply divided decision
An interesting discussion by Prof. Orin Kerr at The Volokh Conspiracy. The question is basically when the Court divides, say,
4 Justices voting for reversal on one ground;
1 concurring in reversal, on a different basis;
1 concurring, on still another basis;
and three voting to affirm...
For what does the ruling stand?
I personally don't think Heller will fragment like this, but the risk is non-zero.
"""For what does the ruling stand?"""
Job security for lawyers and judges.
Posted by: Billy Oblivion at June 2, 2008 11:54 AM