Writings Show Conservative Justices Differ Even When in Majority
But the number of concurrences doesn’t tell the whole story, said Cui.
“There are different kinds of concurrences,” Cui said. There are those that agree with the result but not the reasoning, those that agree with only part of the majority’s reasoning, and those that fully concur but want to highlight a different aspect of the case.
“Each kind of concurrence accomplishes something different,” Cul said.
That could be a sign that Roberts, the first among equals on the court, has less power and control than he did when the court was split 5-4 between liberals and conservatives, said Devi Rao, Supreme Court and appellate director at the MacArthur Justice Center.
Bloomberg Law
