Oregon voters appeared last week to have passed a constitutional amendment that would require a three - fifths vote of both houses of the state legislature to approve tax increases. (edweek.org)
Nevertheless, as I detailed in this post, Justice O'Connor served as a key fifth vote in the 5 - 4 decisions that produced the Almendarez - Torres «prior conviction exception» and the Harris «mandatory minimum» exception to the Apprendi - Blakely rule. (sentencing.typepad.com)
She then went on to participate in making sure nothing so terrible would happen, casting the crucial fifth vote in Bush v. Gore without blinking an eye. (slaw.ca)