Tommy Bennett Profile picture
Associate Professor & Wall Family Fellow, @MizzouLaw & @MUDemocracy. Civ pro, fed cts, con law. Also: baseball, charts, trivia.
Jun 23, 2022 11 tweets 4 min read
Justice Kavanaugh's concurrence in Bruen is a perfect example of what @barryfriedman1 @susansmelcer @WashUChancellor and I call a "pivotal concurrence." cornelllawreview.org/2020/07/29/div… What's that, you ask? 🧵 Bruen was decided by a vote of 6-3. Importantly, all six members of the majority also signed onto the majority _opinion_. The general rule is that an opinion that garners the votes of a majority of the court is binding law. So we can ignore the concurrences, right? Not so fast.