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Old January 23, 2014, 12:06 AM   #70
KyJim
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Join Date: July 26, 2005
Location: The Bluegrass
Posts: 9,142
I quickly ran through the transcript. It is often a bad idea to guess the justices' votes based on their questions but I'll venture a guess or two. I think Kagan and Breyer are in favor of the government with Sotomayer and Alito leaning that direction. There's an outside chance Breyer might go with a lenity argument (interpreting a criminal statute in favor of the defendant if ambiguous). Scalia is solidly on the side of defendant with Roberts probably also there. Kennedy seemed to be leaning that direction. Thomas did not ask questions and I didn't get a read on Ginsburg.
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