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March 19, 2008



Also, the lineup in yesterday's Washington State Grange v. Washington State Republican Party, a 7-2 decision rejecting a facial challenge to Washington's primary rules. Thomas wrote the majority opinion, joined by Alito, Roberts, Breyer, Stevens, Ginsburg, and Souter. Scalia dissents and is joined by Kennedy. Admittedly, the disagreement is narrow and relies on the fact that it is a facial, as opposed to as-applied, challenge.


For the lay people, it is just confusion. I mean, nobody can claim that Alito follows Scalia lock-step, or that there is always disagreement between Scalia and RBG.

But, for us, it is curious because if we count opinions to guess who will be writing future opinions, whenever Alito writes an opinion like this, it probably means that he is in the dissent in at least one case where the majority sided with a person seeking some relief from the government.

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