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Thursday, June 23, 2011
Correction on my account of PLIVA: Kennedy's still on board with the anti-preemption canon
Write in haste, repent in leisure: Justice Kennedy did not join Part III(B)(2) of the majority opinion, which is the part endorsing Caleb Nelson's theory of preemption. So we still have five votes for an anti-preemption canon and four squarely in favor of abolishing it. Sloppy of me to miss the fine print: Apologies to all.
Posted by Rick Hills on June 23, 2011 at 05:47 PM | Permalink
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Not a strike against you -- just against the results of increasingly fractured SCOTUS opinions.
Posted by: anon | Jun 23, 2011 6:32:10 PM
Supreme Court opinions should come with an Excel chart noting how many votes are in favor of each specific proposition.
Posted by: Stuart Buck | Jun 24, 2011 8:30:21 PM