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Tuesday, July 28, 2020

Biskupic, Part II

Here. The focus is on Bostock and its internal deliberations. The reveals include that the 6-3 breakdown was clear from the beginning (so Roberts, not Ginsburg, assigned the opinion to Gorsuch; that Kagan joined Gorsuch's draft immediately and Ginsburg, Breyer, and Sotomayor followed soon after; and that Alito was angry. There also was a leak in November about how conference had gone, which prompted some op-eds directed to moving Gorsuch away from Kagan.

Posted by Howard Wasserman on July 28, 2020 at 02:14 PM in Howard Wasserman, Judicial Process | Permalink

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