Bench Memos

NRO’s home for judicial news and analysis.

A Mistake by Alito!


Judge Alito’s testimony has been so masterful that I was beginning to think that he wouldn’t even make a trivial error. But unless my memory fails me, the vote in Morrison v. Olson was 7-1, not 8-1 (as Alito several times stated). Justice Kennedy, having joined the Court after oral argument, did not take part in the case.


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