The Blogging Marathon Continues
Couple of further thoughts:
1. The Administration’s decision to “fast-track” this case to the Court and bypass en banc review in the 11th Circuit may have paid off. One wonders if the Chief Justice would have voted differently in a non-election year.
2. The recent “inside” accounts of the deliberations in Citizens United suggests that Roberts really is the swing vote on this Court. In that case he was the most reluctant to go along. Here he was even more reluctant. And who knows what happened in NAMUNDO (the Voting Rights Act case).