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Bench Memos

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All You Need Is Five



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One must do one’s duty and read (or at least scan) the opinions in today’s cases handed down by the Supreme Court.  But it would not be amiss as a first impression to say that it is a pretty good day at the Court when Chief Justice Roberts and Justices Scalia, Kennedy, Thomas, and Alito are in the majority in every case decided.  In four of the five cases, they were the entire majority; in the fifth case, Souter and Breyer were also in the majority (with Souter writing for the Court).

Today’s Washington Post featured a story about the high incidence of 5-4 rulings in the Court’s current term.  I’m not sure whether readers were supposed to be perturbed about this phenomenon.  But let it be noted that liberals never lose sleep when it is they who have the five votes.  So I will sleep well tonight, hoping for good news the rest of the week, after singing myself the lullaby (after the Beatles), “All you need is five, five is all you need . . .”



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