[Frank Sheed]

I recall Nino actually saying that mammoth decisions “should be” by a 5-4 majority. He actually believes that.

[Ancesthntr]

I recall Nino actually saying that mammoth decisions “should be” by a 5-4 majority. He actually believes that.

If you consider the likely logic, it makes sense. I'll speculate and say that the basis for his statement is that if it were a slam dunk (7-2 or better), then it shouldn't even get Certiorari because the lower court would've gotten the right answer.