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.

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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