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Adding fuel to the already raging speculative fire, Kennedy also joined Scalia and Thomas in a dissent against the majority opinion in another abortion-related decision Wednesday.
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The full opinion and the dissent are available here.
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As advocates of drug liberalisation have found, the deadweight of popular opinion admits of little dissent.
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And her dissent was just about as pointed as the majority opinion.
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As the senior Justice in the minority, John Paul Stevens assigned the main dissent to Souter, who was working on the opinion when he announced his departure, on April 30th.
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For one thing, against the contrivance of the lead opinion there is the clarity of a united dissent that we now understand started out as a majority view with Justice Roberts's support.
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The dissent essentially said was the Court would say in the majority opinion in Lawrence.
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In this criminal case, Justice Kennedy wrote the majority opinion, with Justices Kagan and Ginsburg penning one dissent, and Justice Scalia another.
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Honestly, the only way I see Bowers coming up is maybe in a Scalia opinion upholding the laws. (He and Thomas were in the dissent on Lawrence).
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