Gerard N. Magliocca, writing about today’s Schuette decision, says “The opinions are out, and they are extremely interesting. (One gets the impression that some of this material was drafted last year for Fischer and left on the cutting room floor.).”
I think Gerald is right about J. Sotomayor’s dissent, which is really one which is more appropriate for a case in which the Court blocks an affirmative action plan than this case (which is about whether the state through the initiative process can ban affirmative action).
But the comment got me wondering how much other recycling we’ve seen. How much of Justice Stevens’ Citizens United dissent came from the draft Souter dissent which did not see the light of day? How much of Justice Ginsburg’s Shelby County dissent was originally draft (by whom?) for NAMUDNO.
I guess our grandchildren might find out when papers are released.