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"When 60 Percent Is Not a Majority"

The Legal Intelligencer Blog
09/16/2009

Bruce Merenstein authored a post for The Legal Intelligencer Blog published on September 16.  In the article, he notes it is axiomatic that when a majority of the justices on the U.S. Supreme Courts join a lead opinion written by one of the justices, that opinion is precedential on the issues addressed by that opinion, and where the lead opinion is not joined by a majority of the court, it is necessary to look to concurring pinions to piece together the holdings of the court.  However, Mr. Merenstein considers why it may be difficult to apply this rule to the Pennsylvania Supreme Court’s recent decision in Commonwealth v. Liston.