While we all tend to look at this as a political football in an election year, the Justices, believe it or not, have to reconcile their decisions, based upon the principles of stare decisis, and the language from their own relevant decisions. Scalia likes to be conservative, but he likes even more to be consistent in his decisions.
Andrew Napolitano of Fox stated last week that he thought the Justices had their minds made up already. But you're right Kly about your analysis of the Justices. A couple of the conservative ones have ruled as you state.
