Scalia said “It takes four.”
That’s just what I thought at the time. It takes four to put it on the docket, and then after the case is heard, it takes five to find against the defendent.
The critical thing was to get it on the docket. I wondered at the time which of the four conservatives refused to put it on the docket. Stevens, the swing vote, wouldn’t be needed until after the case was then heard.
You mean Kennedy. Stevens is a swing vote like I'm a operatic tenor.
“Stevens, the swing vote”
I think you meant Kennedy. Stevens is an ultra-liberal.
I am sure Scalia and Thomas would be two of the four. Alito maybe. I am not sure about Roberts.
That would be Kennedy. The four solid Constitutionalists are Scalia, Thomas, Roberts and Alito.