Notatypewriter's Blog

Umm… what?

Webster v. Reproductive Health Services

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What the fuck? This decision is messed up. I only wrote it here so I can make some sense of it. There are five separate opinions.

  • Majority opinion by Rhenquist (joined in parts to be described later)
  • Concurrence by O’Connor
  • Concurrence by Scalia
  • Concurrence/Dissent by Blackmun, joined by Brennan and Marshall
  • Concurrence/Dissent by Stevens

Rhenquist’s opinion has parts I, II-A, II-B, II-C, II-D, III.

  • Part I: controlling, joined by White, O’Connor, Scalia, and Kennedy. (5)
  • Part II-A: controlling, joined by White, O’Connor, Scalia, and Kennedy. (5)
  • Part II-B: controlling, joined by White, O’Connor, Scalia, and Kennedy. (5)
  • Part II-C: controlling, joined by everybody (9)
  • Part II-D: joined by White and Kennedy, concurred in judgment by O’Connor and Scalia (5)
  • Part III: joined by White and Kennedy (3)

I think this is right. If I made a mistake, please leave a comment.

Written by notatypewriter

2010 March 18 at 8:36 pm

Posted in Thoughts

Tagged with , , ,

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