Can a Justice fudge an opinion change ex post facto?
Anthony Kennedy did, once the facts glaringly omitted from a Court decision came to light.
Bench Memos’ Ed Whelan remarks:
My prediction: Justice Kennedy will tweak his majority opinion to note the law and to dismiss its significance, perhaps in a way that obscures from future readers the fact that any change was ever made. Never mind that the enactment of the law undercuts his analysis.
It makes him look less bad for posterity.