Legal Commentary

?When Scalia Was Able to Hold the Majority in Heller....?

By Orin Kerr

Over at Court Beat, Joan Biskupic recently recalled a conversation she had with Justice Thomas in the course of writing her book on Justice Scalia:

Thomas also observed that when Scalia was able to hold the majority in Heller (and largely keep criticism of colleagues in check), Scalia didn?t flaunt his big moment as the author of the majority opinion. Remarked Thomas, ?He didn?t high-five anyone.?

It?s a mistake to make too much of the wording here, especially second-hand. But I wonder if I?m alone in reading that to suggest that getting five votes for the Heller majority was no trivial matter inside the Court. If so, that?s pretty interesting.

Full post as published by The Volokh Conspiracy on January 09, 2010 (boomark / email).