Posted by Eugene Volokh: Supreme Court Line-Up: In today's Smith v. Massachusetts, five Justices (Justice Scalia, joined by Stevens, O'Connor, Souter, and Thomas) took the broader view of the Double Jeopardy Clause, and four dissenters (Justice Ginsburg, joined by the Chief, Kennedy, and Breyer) took the narrower view.
I can't recall any other Supreme Court case with precisely this lineup. There have been similar lineups; consider part of the Booker/Fanfan Sentencing Guidelines decision, in which Ginsburg, the Chief, O'Connor, Kennedy, and Breyer were in the majority, and Scalia, Stevens, Souter, and Thomas were in the dissent. But I don't remember precisely this lineup. If you can think of a case in which the Justices split exactly this way, please e-mail me at volokh at law.ucla.edu. _______________________________________________ Volokh mailing list [email protected] http://highsorcery.com/cgi-bin/mailman/listinfo/volokh
