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Interesting point. It would be nice to think that they picked it up to put it to bed early. Given that Scalia was so upset about it, I would think that he didn't vote to pick it up. Then again, I can't see the progressives picking it up unless they were quite sure that it was going to be upheld. Perhaps Scalia was so pissed at Roberts because he felt betrayed. My guess would be that Scalia, Roberts, Alito and, Thomas voted to pick it up.