Jodi Kantor

It was alive with debate.

Justice Anthony Kennedy was a Republican appointee, but he was also the swing vote.

And somebody from that era called him a, quote, persuadable person.

You never knew exactly which way he would come out.

And just before this, he had said yes to gay marriage.

Exactly.

And that sets off a five-day sprint in which the justices are going to revise centuries of Supreme Court practice.

What's so interesting is the chief justice's reaction.

He writes right back the next day.

And his tone changes a little bit.

He seems to be getting more irritated.

He's very insistent that the court needs to go ahead and block this.

And I want to read you one quote of his in particular.

Please.

He says, I recognize that the posture of this stay request is not typical—

But review is sought of what has been described as the most expensive regulation ever imposed on the power sector.

So let's translate that.

He, in that first phrase, is just dismissing his colleague's procedural concern.

Justice Breyer is saying, hey, this is –

Really unusual.