Mr. Tact wrote on Oct 29, 2012, 14:14: The Costco vs Omega case is closely related to this publishing case. That case ended in a 4-4 tie with Kegan recusing herself. Look as I might, I couldn't find anything to indicate who voted which way in the Costco case. Does anyone know where I might find that information? Or if there is a protocol where they don't release who voted which ways when there is no decision?
I don't know if the SCOTUS is bound to reveal their vote-swings. I think they usually do it voluntarily. I would imagine someone might get that info under a FoIA request.