I predict a 5-4 vote in favor of Ashcroft.
For Ashcroft: Breyer, Ginsburg, Kennedy, Rehnquist, O'Conner (who will break the tie and write the opinion)
Dissenters: Scalia, Thomas, Stevens, Souter.
If it sounds like an odd mix, it is because I think Scalia and Thomas are fairly consistent in their Constitutional literalism, and Stevens and Souter in their civil libertarianism.
James Leroy Wilson's one-man magazine.
Monday, November 29, 2004
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