As has often happened in close decisions, Justice Anthony Kennedy is likely to cast the decisive vote.
Indeed, Kennedy turned decisive after Justice Alito asked Garre why, all else being equal, black or Hispanic students from privileged backgrounds "deserve a leg-up against, let's say, an Asian or a white applicant whose parents are absolutely average in terms of education and income".
Meanwhile, a quick taste for the Kennedy watchers: Update: J Kennedy asks two questions doubting #doma validity but nothing decisive and Chief Justice and Kagan have yet to speak.
Declared Xi: "The Chinese People's War of Resistance Against Japanese Aggression and the World Anti-Fascist War were a decisive battle between justice and evil, between light and darkness, and between progress and reaction".
In each 5-4 decision, the choice of Justice Anthony Kennedy was the decisive: one against equal justice on Tuesday and for it on Wednesday.
This line represents the median justice, currently Justice Anthony M. Kennedy, whose vote would ordinarily be decisive in a 5-to-4 decision.
During the presidential campaign, Trump criticized Roberts himself for the chief justice's decisive vote in 2012 to preserve the Obama health care overhaul.
"Sanders has issued a powerful call for climate justice and decisive action to keep fossil fuels in the ground and support the communities who are suffering from climate and environmental impacts".
Justice Anthony Kennedy, who opposed the Grutter ruling, is likely to be the decisive vote in this case (Justice Elena Kagan is recused, presumably because of her involvement as solicitor general).
O'Connor quickly became known for her pragmatism and was considered, with Justice Anthony Kennedy, a decisive swing vote in the Supreme Court's decisions.
