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In reply to the discussion: Supreme Court Turns Down Contraceptive Case [View all]Princess Turandot
(4,915 posts)In this instance, it's clear that three were in favor of taking this one: Alito, who wrote a 14 (!) page dissent, and Thomas and Roberts, who concurred with it.
Justice Kennedy did not vote to take it. Following his deciding vote in support of marriage equality late last term, as well as being the unexpected sixth vote for the ACA at that same time, he was the deciding vote in favor of the U of T in the affirmative action case this month, a completely unexpected result. His deciding vote in favor of the clinics in the abortion case was not a shocker, but it was also not a lock.
Let's hope he's had a permanent epiphany, at least regarding these type of constitutional cases.
BTW perhaps we should give the devil his due - for a millisecond - for calling Antonio home. It made a difference in some of the decided cases, such as the public union dues one that ended 4-4, which left the lower court decision in favor of the union in place. And, Scalia would certainly have voted to take this pharmacy case.