in our briefs, there's five votes including justice kennedy justice ginsberg and justice justice once the case was finally decided because of the inherent rights of individuals, we can count the justices that already decided the defensive marriage case and their explanation why they decided that. >> does it matter if it's 5-4 or 6-3? does it have a different impact? >> i think civil rights cases ought to be decided 9-0, 8-1 the way the civil rights decisions were largely made. it sends a message this country doesn't tolerate discrimination. i think the more justices that sign on, the better. i think if you just look at, you are reading tea leaves, look at
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