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Bench Memos

NRO’s home for judicial news and analysis.

Oh My Aching Head



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It’s not by any means the worst I’ve seen, but here’s the summary of the opinions today in Polar Tankers, Inc. v. City of Valdez:

Breyer, J., announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, and II-B-1, in which Scalia, Kennedy, Ginsburg, and Alito, JJ., joined, and an opinion with respect to Part II-B-2, in which Scalia, Kennedy, and Ginsburg, JJ., joined. Roberts, C. J., filed an opinion concurring in part and concurring in the judgment, in which Thomas, J., joined. Alito, J., filed an opinion concurring in part and concurring in the judgment. Stevens, J., filed a dissenting opinion, in which Souter, J., joined.

This is the sort of mare’s nest that makes being a student of the Supreme Court really exasperating sometimes.  After all, what if “Part II-B-2″ covers the most important issues relevant to future cases (as it well might): what are the governing principles there?



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