The Volokh Conspiracy

Mostly law professors | Sometimes contrarian | Often libertarian | Always independent

About The Volokh Conspiracy Editorial Independence Who we are Books Volokh Daily Email Archives Search DMCA RSS

Making Sense Of The Chief Justice's Tango In The Ballroom Case

It was the Chief, and not KBJ, who was holding up the case. Was he trying to flip ACB's vote?

Josh Blackman | 8.31.2026 9:49 PM

Read the Chief Justice's six-page dissent in the ballroom case. Does something stand out? There is no reference to the fact that it is a dissent until page four. Virtually every dissent I've ever read indicates at the outset where the dissenting Justices depart from the majority. But the Chief Justice jumps straight into things, acting as if he was speaking for the Court. The first two pages focus entirely on the merits, an issue........

© Reason.com