Thursday, February 19, 2026

Correction: Mahon was not a 5 to 4 decision

 It was 8 to 1. Holmes had 7 friends and Brandeis had no friends.

I was thinking about another very similar case, one that went the other way by a 5 to 4 vote-Keystone Bituminous Coal Ass'n v. DeBenedictis [see note 3, p. 815]

The debate between Holmes and Brandeis is the same; Holmes' majority was 8 to 1 not 5 to 4.

Hat tip to Jesse Kaufman for pointing this out.


By the way, that Corvette I owned in the 80s was never (hardly ever) driven above the speed limit (and certainly never at any speed near 150 or even 100) (or even 85). I always set my cruise control at 1 mile below the speed limit. 

And, a few years later, I traded that 'vette in for a minivan!!!