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We have no idea what would’ve happened in a counter-factual scenario. The draft opinion is the first time the whole court sees the reasoning on paper. Even if the narrow holding doesn’t change, the reasoning used and the sweep of the rule articulated can and does change.

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And there is value in that being the first time the whole Court sees it.

Cards on the table at one definite time.

How much the author had to sweat to get there, to the extent it may matter at all, should show up in the results--a ruling written with a measured, judicial temperament.

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