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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.

· General con law

Comments

Posted by: Billy Oblivion at June 2, 2008 11:54 AM

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