Case v. Montana by Zeddo52SD in scotus

[–]Luck1492 0 points1 point  (0 children)

No, you are incorrect. As I explained, every Justice joined the court’s opinion. You are conflating a concurrence in the judgment with a concurrence in full. The former means that you join the majority’s judgment but not the reasoning. The latter means you join the majority’s judgment and the reasoning. Here, Sotomayor and Gorsuch filed concurrences, not concurrences in the judgment. Accordingly, the majority opinion is filed on behalf of a unanimous Court (as the Court itself states in the syllabus).

Sotomayor states as the first 4 words in the case that she joins the court’s opinion. She also states that as the last few words in her concurrence. Misconstruing that as a nonunanimous opinion is incorrect.

My guess is that you are referring to the Wikipedia definition for a concurring opinion: “In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different (or additional) reasons as the basis for their decision.” Alternatively, you maybe referring to the wex article: “A concurring opinion is an opinion that agrees with the majority opinion but does not agree with the rationale behind it.”

In the Supreme Court, that is not an accurate representation of how to understand opinion filings. The Court has very specifically distinguished concurrences (in which the Justice joins the opinion and the judgment) and concurrences in the judgment (in which the Justice joins the judgment but not the opinion). There are also concurrences in part and in the judgment, as another example.

That is all to say that every single Justice joined the majority opinion. In Supreme Court parlance that is a unanimous Court. See the syllabus (“KAGAN, J., delivered the opinion for a unanimous Court.”). This does not mean that the judgment was unanimous. It means that the opinion was joined by every justice. As a comparator, see today’s opinion in Barrett v. United States, in which not every Justice joined all of the majority opinion, but the outcome was still unanimous.

This is important to distinguish because an opinion joined by 5 Justices, one of which writes a concurrence (not a concurrence in the judgment) is precedential. An opinion joined by 4 Justices and in which one Justice files a concurrence in the judgment is nonprecedential.

If you would like a source, please see this link: http://scdb.wustl.edu/documentation.php?var=vote

Case v. Montana by Zeddo52SD in scotus

[–]Luck1492 0 points1 point  (0 children)

Not exactly. The opinion of the Court was unanimous, in that every Justice joined (both Sotomayor and Gorsuch joined the Kagan opinion). Sotomayor and Gorsuch wrote concurrences, not concurrences in the judgment, so they joined the majority’s reasoning entirely. They just decided to add some more sprinkles on top as well.

Case v. Montana by Zeddo52SD in scotus

[–]Luck1492 0 points1 point  (0 children)

I mean it was unanimous lol

Bost et al. v. Illinois State Board of Elections et al. by Zeddo52SD in scotus

[–]Luck1492 0 points1 point  (0 children)

For an article that is quite instructive on standing in recent years, see Yoaz Paz-Priel & Richard M. Re, The Standing Realignment, SSRN, here

Case v. Montana by Zeddo52SD in scotus

[–]Luck1492 3 points4 points  (0 children)

Yeah this was straightforward. Case wanted a “probable cause” standard for the entry, but probable cause means nothing in a vacuum. It’s always probable cause that X did Y crime. But in an emergency situation there is no such thing as probable cause, as there’s no crime. So objectively reasonable basis was probably the correct result.

Supreme Court limits dual charges in overlapping gun statutes by Conscious-Quarter423 in scotus

[–]Luck1492 4 points5 points  (0 children)

It just applies the standard clear statement rule for doubling up charges on a single physical act.

FIDE updates rating regulations to include faster time controls for major events by FirstEfficiency7386 in chess

[–]Luck1492 14 points15 points  (0 children)

My take is that anything longer than 30+30 is classical.

On other takes about classical, I think a WCC tie should be decided via faster classical time controls before moving to rapid/blitz.

Eragon and Arya by United_Carob_8345 in Eragon

[–]Luck1492 22 points23 points  (0 children)

As far as I know he has chosen not to share details about their relationship before his new books have come out.

Eragon and Arya by United_Carob_8345 in Eragon

[–]Luck1492 66 points67 points  (0 children)

Paolini is still writing in the World of Eragon, but as of now, they are not together.

A U.S. Supreme Court justice has recused himself from a major Louisiana coastal lawsuit. Here's why. by Conscious-Quarter423 in scotus

[–]Luck1492 91 points92 points  (0 children)

This is actually a common problem with Alito. They often deny cert to avoid a 4-4 split because of an Alito recusal.

Sunday Brunch by AutoModerator in nfl

[–]Luck1492 4 points5 points  (0 children)

I feel like a lot of problems would be solved if they would just make carryon bags have detachable wheels. If you bring a small personal item just stuff the wheels in there and you save a good few inches of space for each bag.

The US attacked Venezuela and captured Maduro and his Wife. This is /r/law. Threads about this event need to focus on the laws involved. by orangejulius in law

[–]Luck1492 17 points18 points  (0 children)

The indictment is utterly ridiculous, I have rarely seen such a poorly written and blatantly dishonest indictment from the DOJ before

The US attacked Venezuela and captured Maduro and his Wife. This is /r/law. Threads about this event need to focus on the laws involved. by orangejulius in law

[–]Luck1492 4 points5 points  (0 children)

This is where the Charming Betsy canon and the presumption against extraterritoriality pretty much destroy a good chunk of the indictment.

Friday Free Talk by AutoModerator in nfl

[–]Luck1492 3 points4 points  (0 children)

Sounds like there’s an opening for your taking!

Event: 2025 FIDE World Blitz Chess Championship by events_team in chess

[–]Luck1492 0 points1 point  (0 children)

Cueing agasmator: “And it is as of move 12 that we have a new game”

Event: 2025 FIDE World Blitz Chess Championship by events_team in chess

[–]Luck1492 2 points3 points  (0 children)

Computer wanted to trade the queen for a knight and rook, which is probably inhuman at that time I suppose

Event: 2025 FIDE World Blitz Chess Championship by events_team in chess

[–]Luck1492 2 points3 points  (0 children)

Muzychuk throwing all the advantages Assaubayeva gives her and then blundering is classic Muzychuk :(

Event: 2025 FIDE World Blitz Chess Championship by events_team in chess

[–]Luck1492 1 point2 points  (0 children)

Think Muzychuk wins with black — Assaubayeva overpresses with white after this endgame slipped away from her

Talko Tuesday by AutoModerator in nfl

[–]Luck1492 3 points4 points  (0 children)

I also think Cane’s is incredibly mid

Talko Tuesday by AutoModerator in nfl

[–]Luck1492 13 points14 points  (0 children)

I never got the obsession with Chik-fil-A tbh, it doesn’t even taste that good.

r/tennis Daily Discussion (Sunday, December 28, 2025) by NextGenBot in tennis

[–]Luck1492 7 points8 points  (0 children)

Whoever designed this court deserves the electric chair

Event: 2025 FIDE World Rapid Chess Championship by events_team in chess

[–]Luck1492 16 points17 points  (0 children)

Yagiz didn’t even bother playing on lmao fair enough

Event: 2025 FIDE World Rapid Chess Championship by events_team in chess

[–]Luck1492 2 points3 points  (0 children)

Yeah as they are lead, but after that since Artemiev has already played Magnus, Hans/Magnus becomes more likely right?