Jan 8, 2013

Posted in Uncategorized

Alito, J., Concurring & Just Saying

Today in LA County Flood Control District v. NRDC, Justice Alito concurred in judgment, without comment. He simply wrote:

JUSTICE ALITO concurs in the judgment.

Justice Ginsburg’s opinion reversing the 9th Circuit was unanimous. Justice Alito did not join that judgment, nor did he give any reason why he did not. Justice Thomas has done this before.

This is the SCOTUS way of communicating, “Just saying.”

H/T Mike Sacks

Update: Kedar Bhatia highlights some examples were Justices have concurred or dissented without an opinion.

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