I believe the parent commenter was highlighting the particular wording of the opinion, rather than the actual decision itself.
One could imagine an opinion supporting the same decision with less clear or precise language. As I understand the process, the opinion was frequently reviewed and advised by Breyer, but actually written by one of the clerks.
One could imagine an opinion supporting the same decision with less clear or precise language. As I understand the process, the opinion was frequently reviewed and advised by Breyer, but actually written by one of the clerks.