Chuck Rosenthal was looking up at a mountain of obstacles. He had the precedent of Bowers on his side, but it had been battered in briefs and in a barrage of sophisticated arguments about language, society, and history. He had three certain votes on his side (Scalia, Rehnquist, and Thomas), but four certain votes against him (Stevens, Ginsburg, David Souter, and Stephen Breyer); the other two might be winnable but were drifting to the other side...
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