To: Lurking Libertarian
True. I wanted to break it down by votes, though. The case lists it like this:
Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed an opinion concurring in the judgment. OConnor, J., filed an opinion concurring in the judgment in part and dissenting in part, in which Rehnquist, C.J., and Scalia, J., joined as to Part II. Rehnquist, C.J., filed a dissenting opinion, in which Scalia, J., joined except for the paragraph discussing legislative history.
To: general_re
Actually, you were more nearly correct than I was. Both Rehnquist and Scalia voted to uphold the whole law, and O'Connor voted to uphold one of the two challenged provisions and not the other. What confused me is that Scalia didn't write an opinion of his own, but joined in parts of Rehnquist's and parts of O'Connor's.
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