A knowledgeable reader tells me that I made a mistake: Justice Kennedy had joined the Court by the time Morrison v. Olson was argued, but recused himself from the case. That’s the reason that the vote, as I said, was 7-1.
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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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