by Matt Barr

O'Connor against the grain

The wine shipment opinion is out (link is to syllabus PDF, see here for links to all opinions), and far more learned analysis of it will come from elsewhere than here. I will just point out that it includes two rare Ms. Justice O'Connor-related features:

O'Connor votes on the losing side in a 5-4 case. For the last two terms, she had been voting more than 80 percent of the time with the majority in a 5-4 case. See here.

O'Connor fails to vote with Mr. Justice Kennedy. They had been voting together nearly 85 percent of the time this term. See here.

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