When the SC decides a case 5-4, do the losing jurist lose their license? Originally Posted by WTFPlease tell me you are not comparing yourself to a United States Supreme Court Justice!
But to answer your question: One or more of the "4" often times get "dismissed" as being "flakes" when evaluating the potential decision in any given case after a careful reading of their dissenting opinions or comments as to the basis of their minority position, particularly if one of the majority are no longer on the Court and one is attempting to "bean count" the votes in a particular case on its way to their desks.