I would argue that, in a 5-4 decision, 5 votes are deciding.
posted on 06/15/2006 7:55:33 AM PDT
Look, the decision was 4-4 after O'Connor left, they needed to break the tie so they reheard the case once Alito got on the Court.
posted on 06/15/2006 7:57:05 AM PDT
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