On Mon, 14 Jun 2004 22:59:14 -0400, JDG <[EMAIL PROTECTED]> wrote:
At 07:46 PM 6/14/2004 -0700 Doug Pensinger wrote:They definitely whimped out. What this means to me is that they were afraid to rule because of the impact their ruling would have, so they found a way to weasel out of making any decision.
Actually, the answer is that with Scalia recused they had a 4-4 vote on all other outcomes.
I could be way out to lunch but I find it unlikely that they wouldn't just say that they were unable to make a decision. I find it much more likely that they would avoid making a decision that is certain to be extremely unpopular even if it was proper.
-- Doug
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