Justice Ginsburg: Those who are guessing what the court will do don't know what there talking about

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23. In a complex case like this, things can and do change

A vote to affirm or reverse the lower court is a blunt instrument. Once the opinion is written and the various issues are parsed, you begin to get shifts within the structure of the decision. This is such a case -- one in which it is likely that there will be concurrences that join in some segments of the opinion and not in other. Those sort of line drawing aspects of the decision are generally not known after the "bottom line" vote.

It is that process that Justice Ginsburg undoubtedly was referring to. No one knows what the initial vote was -- to affirm, to reverse, to affirm in part and reverse in part? And the details of the positions and final outcome on various aspects of a complex case like this probably have evolved through the opinion writing process.