Comments on: Someone Explain to David Savage the Difference Between a Plurality and a Majority http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/ Harangues that just make sense Sun, 20 Jul 2008 00:04:57 +0000 http://wordpress.org/?v=2.6 By: Lester Knox http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-325803 Lester Knox Wed, 12 Mar 2008 18:12:50 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-325803 The number of dissenters is irrelevant in determining whether an opinion constitutes a plurality. What is relevant is that more Justices agree with the rationale announcing the judgment of the Court than with any other (nondissenting) rationale. The number of dissenters is irrelevant in determining whether an opinion constitutes a plurality. What is relevant is that more Justices agree with the rationale announcing the judgment of the Court than with any other (nondissenting) rationale.

]]> By: Davod http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269862 Davod Sun, 01 Jul 2007 10:02:20 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269862 PS: To the layman Kennedy seems to have taken up the wishy washy line typical of O'Connor. Do you think he employed some of O'Connor's staff when she retired? PS:

To the layman Kennedy seems to have taken up the wishy washy line typical of O’Connor. Do you think he employed some of O’Connor’s staff when she retired?

]]> By: Davod http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269861 Davod Sun, 01 Jul 2007 10:00:12 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269861 Kennedy has left the door open to yaers of litigation. Kennedy has left the door open to yaers of litigation.

]]> By: Kevin Murphy http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269855 Kevin Murphy Sun, 01 Jul 2007 07:26:28 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269855 Reports I have read say that Kennedy only quibbled with a few absolutist positions taken by Roberts and for the most part it IS a majority opinion. I.e. Kennedy would allow some use of race in some circumstances that Roberts et al wouldn't, but mostly agreed. Assuming that Roberts' opinion was in no place weaker than Kennedy, that would make Kennedy's partial concurrence the "majority opinion." Or something like that. Reports I have read say that Kennedy only quibbled with a few absolutist positions taken by Roberts and for the most part it IS a majority opinion. I.e. Kennedy would allow some use of race in some circumstances that Roberts et al wouldn’t, but mostly agreed.

Assuming that Roberts’ opinion was in no place weaker than Kennedy, that would make Kennedy’s partial concurrence the “majority opinion.” Or something like that.

]]> By: Darleen http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269846 Darleen Sun, 01 Jul 2007 05:57:23 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269846 <i>the simplistic notion that using race to bring children together is just as unconstitutional as using race to keep them apart</i> That's stated as if it were a <i>bad</i> thing. The government has no business mandating that children be <i>assigned by race</i> to school. Period. the simplistic notion that using race to bring children together is just as unconstitutional as using race to keep them apart

That’s stated as if it were a bad thing.

The government has no business mandating that children be assigned by race to school. Period.

]]> By: Edward Cropper http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269830 Edward Cropper Sun, 01 Jul 2007 03:13:48 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269830 Even "conservative" judges cannot be counted on to stand too tall on controversial decisions. The days of courage in the open air are gone for ever I fear. Most political people, elected or appointed, and I include all judges in this group, have one eye on what they are saying and the other eye on who is listening. If repercussions are possible, the butt hole tightens, and the crawfishing begins. Edward Cropper Even “conservative” judges cannot be counted on to stand too tall on controversial decisions. The days of courage in the open air are gone for ever I fear.
Most political people, elected or appointed, and I include all judges in this group, have one eye on what they are saying and the other eye on who is listening. If repercussions are possible, the butt hole tightens, and the crawfishing begins.

Edward Cropper

]]> By: Robin Roberts http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269786 Robin Roberts Sun, 01 Jul 2007 00:23:27 +0000 http://patterico.com/2007/06/30/someone-explain-to-david-savage-the-difference-between-a-plurality-and-a-majority/#comment-269786 This is a bit odd, while I do not care for Savage's lack of objectivity in his history of coverage of the Supreme Court, I do believe he understands the issue of plurality opinions. This is a bit odd, while I do not care for Savage’s lack of objectivity in his history of coverage of the Supreme Court, I do believe he understands the issue of plurality opinions.

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