Three Way

The Crawford case challenging photo IDs for voters has been handed down. The court declared, 6-3, the burden is acceptable. What intrigues me is the breakdown of the vote:

STEVENS, J., announced the judgment of the Court and delivered an
opinion, in which ROBERTS, C. J., and KENNEDY, J., joined. SCALIA, J.,
filed an opinion concurring in the judgment, in which THOMAS and
ALITO, JJ., joined. SOUTER, J., filed a dissenting opinion, in which
GINSBURG, J., joined. BREYER, J., filed a dissenting opinion.

So really the vote is 3-3-3. Scalia supports a somewhat different standard which is, I suppose, easier to meet, and while he doesn't exactly reject the majority's reasoning, he does support an argument which he believes should supersede it. Still, I often wonder how such fractured opinions play out as precedent.

PS Of extra interest is Breyer's dissent, since he's so interested in promoting Active Liberty.