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Edited on Wed Sep-21-11 10:09 PM by BzaDem
As an example, just last Fall, the Supreme Court stayed any enforcement of the Arizona campaign finance law without noted dissent, in preparation for their invalidation of the law a few months ago. But it is implausible that any of the liberal justices (let alone all of them) agreed with the stay. The resulting opinion in the case several months later made that clear.
Furthermore, every few weeks, there are pages and pages of orders refusing to hear cases, and 99.9% of them do not contain any noted dissent (even though it is implausible that no one dissented).
The vast majority of Supreme Court orders are without any noted dissent. It is undoubtedly true that many of these are unanimous, but there are also ones that are not unanimous, and still others where some justices write opinions agreeing or disagreeing with the order. But in the end, since the court didn't outline what the vote count was, we will never know in this case.
I think it is absurd that we don't know the vote count in every case, but unfortunately we do not.
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