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	<title>Comments on: New StatPack, Including First Justice Agreement Stats</title>
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	<description>The Supreme Court of the United States blog</description>
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		<title>By: Chee Foong Chew</title>
		<link>http://www.scotusblog.com/wp/new-statpack-including-first-justice-agreement-stats/comment-page-1/#comment-14794</link>
		<dc:creator>Chee Foong Chew</dc:creator>
		<pubDate>Sun, 24 Feb 2008 10:51:02 +0000</pubDate>
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		<description>Rufus,

&quot;Kennedy signed on to Roberts dissent. Perhaps a hint that the 2 of them are working together in other cases as well.&quot;

I&#039;m not sure one could read too much to it. Kennedy and Roberts were pretty much on the same page in the oral argument of Danforth.

&quot;If only Stevens or Ginsburg had stepped down, the conservatives would control the court. If McCain wins in November, the Court could be firmly consevrative for the next 25 years&quot;

What makes you sure that McCain would/will be able to nominate a justice that is solidly conservative?

Even if he were to , I don&#039;t think it would be Stevens or Ginsburg but rather Souter that would retire.</description>
		<content:encoded><![CDATA[<p>Rufus,</p>
<p>&#8220;Kennedy signed on to Roberts dissent. Perhaps a hint that the 2 of them are working together in other cases as well.&#8221;</p>
<p>I&#8217;m not sure one could read too much to it. Kennedy and Roberts were pretty much on the same page in the oral argument of Danforth.</p>
<p>&#8220;If only Stevens or Ginsburg had stepped down, the conservatives would control the court. If McCain wins in November, the Court could be firmly consevrative for the next 25 years&#8221;</p>
<p>What makes you sure that McCain would/will be able to nominate a justice that is solidly conservative?</p>
<p>Even if he were to , I don&#8217;t think it would be Stevens or Ginsburg but rather Souter that would retire.</p>
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		<title>By: rufus peckham</title>
		<link>http://www.scotusblog.com/wp/new-statpack-including-first-justice-agreement-stats/comment-page-1/#comment-14792</link>
		<dc:creator>rufus peckham</dc:creator>
		<pubDate>Sun, 24 Feb 2008 09:00:47 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/term-tracker/new-statpack-including-first-justice-agreement-stats/#comment-14792</guid>
		<description>and fwiw, why is the sc so secretive?  Congress is on C-Span.  When a bill is introduced the public can follow it through to passage or failure, all the hearings, the debates, etc...  Why does the Court have to do everything in secret?  Would it really be that bad to have the conference reported on or covered?  there&#039;s nothing in the Constitution that says the Court gets to work in secret.

also, I noticed that in Stevens&#039; recent 7-2 opinion in Danforth, Roberts and Kennedy were the 2 dissenters.  Kennedy signed on to Roberts dissent.  Perhaps a hint that the 2 of them are working together in other cases as well.

Based on the oral arguments this term could actually turn out ok for the conservatives.  They seem to have done well in Baze, this Boumedienne hint looks positive, and Heller who knows but I feel confident there&#039;s a 5th vote out there.  

If only Stevens or Ginsburg had stepped down, the conservatives would control the court.  If McCain wins in November, the Court could be firmly consevrative for the next 25 years.</description>
		<content:encoded><![CDATA[<p>and fwiw, why is the sc so secretive?  Congress is on C-Span.  When a bill is introduced the public can follow it through to passage or failure, all the hearings, the debates, etc&#8230;  Why does the Court have to do everything in secret?  Would it really be that bad to have the conference reported on or covered?  there&#8217;s nothing in the Constitution that says the Court gets to work in secret.</p>
<p>also, I noticed that in Stevens&#8217; recent 7-2 opinion in Danforth, Roberts and Kennedy were the 2 dissenters.  Kennedy signed on to Roberts dissent.  Perhaps a hint that the 2 of them are working together in other cases as well.</p>
<p>Based on the oral arguments this term could actually turn out ok for the conservatives.  They seem to have done well in Baze, this Boumedienne hint looks positive, and Heller who knows but I feel confident there&#8217;s a 5th vote out there.  </p>
<p>If only Stevens or Ginsburg had stepped down, the conservatives would control the court.  If McCain wins in November, the Court could be firmly consevrative for the next 25 years.</p>
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		<title>By: Danny Evans</title>
		<link>http://www.scotusblog.com/wp/new-statpack-including-first-justice-agreement-stats/comment-page-1/#comment-14788</link>
		<dc:creator>Danny Evans</dc:creator>
		<pubDate>Sun, 24 Feb 2008 01:56:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.scotusblog.com/wp/term-tracker/new-statpack-including-first-justice-agreement-stats/#comment-14788</guid>
		<description>I think that is exactly what has happened.  Roberts, being in the majority, has assigned the opinion to Kennedy, thus producing somewhat of a victory for the conservative side.

Although if Kennedy is writing the opinion then I somehow suspect that Scalia and Thomas will sign on to very little of the opinion, seeing as how they would write a far more &quot;conservative&quot; opinion.</description>
		<content:encoded><![CDATA[<p>I think that is exactly what has happened.  Roberts, being in the majority, has assigned the opinion to Kennedy, thus producing somewhat of a victory for the conservative side.</p>
<p>Although if Kennedy is writing the opinion then I somehow suspect that Scalia and Thomas will sign on to very little of the opinion, seeing as how they would write a far more &#8220;conservative&#8221; opinion.</p>
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		<title>By: rufus peckham</title>
		<link>http://www.scotusblog.com/wp/new-statpack-including-first-justice-agreement-stats/comment-page-1/#comment-14785</link>
		<dc:creator>rufus peckham</dc:creator>
		<pubDate>Sat, 23 Feb 2008 21:25:59 +0000</pubDate>
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		<description>looking at the opinoins from the dec sitting, does the fact that Stevens already issued one with Boumedienne still outstanding increase the chances that the consrvatives won that one?  Stevens wrote Hamdan and Rasul and it would seem to figure that he&#039;d write Boumedienne as well if his side had carried the day.  Since he&#039;s covered for an opinion and Kennedy isn&#039;t, and since Kennedy is the key vote, I think it&#039;s pretty clear taht he&#039;ll be issuing the opinion.  If the liberals had won the case I think it&#039;s more likely that Stevens would have written it than Kennedu thus I&#039;m guessing that Roberts assigned the case to Kennedy and it will be at least a narrow win for the conservatives.

Of course, I could be wrong.

Thoughts?</description>
		<content:encoded><![CDATA[<p>looking at the opinoins from the dec sitting, does the fact that Stevens already issued one with Boumedienne still outstanding increase the chances that the consrvatives won that one?  Stevens wrote Hamdan and Rasul and it would seem to figure that he&#8217;d write Boumedienne as well if his side had carried the day.  Since he&#8217;s covered for an opinion and Kennedy isn&#8217;t, and since Kennedy is the key vote, I think it&#8217;s pretty clear taht he&#8217;ll be issuing the opinion.  If the liberals had won the case I think it&#8217;s more likely that Stevens would have written it than Kennedu thus I&#8217;m guessing that Roberts assigned the case to Kennedy and it will be at least a narrow win for the conservatives.</p>
<p>Of course, I could be wrong.</p>
<p>Thoughts?</p>
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