It's much more muddled than that. The major part of the decision was 5-4, and Justice Breyer joined the fascists on the part you focused on. Then there was some other part where the 5-4 was comprised of different Justices than the main part.
I also want to slap you upside the head for using the "Scalito" bogon, but I need some hard evidence before I do so. But be warned: it's coming.
Justice Scalia, for better or for worse (obviously worse in this case) is an ideolog; Junior Justice Alito is a technocrat who likely was the one who added the wording "at a school-sanctioned event" to the decision. This means that school administrators still can't control their students' off-campus activities (which may also be the hook that got Justice Kennedy).
no subject
I also want to slap you upside the head for using the "Scalito" bogon, but I need some hard evidence before I do so. But be warned: it's coming.
Justice Scalia, for better or for worse (obviously worse in this case) is an ideolog; Junior Justice Alito is a technocrat who likely was the one who added the wording "at a school-sanctioned event" to the decision. This means that school administrators still can't control their students' off-campus activities (which may also be the hook that got Justice Kennedy).