[thorvaldr]

“even as the price to be paid for a fifth vote”

The way I read it, he is saying quite clearly that Kennedy joined this decision to get a “fifth vote” on another decision.

[Swordmaker]

The way I read it, he is saying quite clearly that Kennedy joined this decision to get a “fifth vote” on another decision.

What future case could he be waiting for where he will call in his marker for that fifth vote? What could be so important where a Liberal Justice would vote the conservative line where otherwise he/she would vote the other way?

[Swordmaker]

The way I read it, he is saying quite clearly that Kennedy joined this decision to get a “fifth vote” on another decision.

OR, perhaps, he is implying that this is the marker vote that Kennedy has been forced to pay?