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« Taking down an editorial praising AHSA | Main | Ohio House passes castle doctrine and much else »

How you (and the Court) reads a sharply divided decision

Posted by David Hardy · 28 May 2008 04:35 PM

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

1 Comment | Leave a comment

Billy Oblivion | June 2, 2008 11:54 AM | Reply

"""For what does the ruling stand?"""

Job security for lawyers and judges.

Leave a comment