Well, let’s just say that four of the justices currently on the Supreme Court are liberal activists, who give less than a damn what the Constitution says.
Four of them do give a damn, I think. And one, Stevens, is a swing vote, who tends to vote the way that will make him most popular on the DC cocktail circuit, but actually not quite all of the time. I think possibly Stevens still has a conscience.
I think the article is in error on one point, however. Others have said that it only takes 4 votes to put it on the docket, not 5. Although once on the docket, it will take 5 votes for the Court to act.
It is pretty much all or nothing IMHO when it comes to the SCOTUS passing judgement. Stevens has not before demonstrated a conscience in accord with my own.