While running through Twitter, I came across this Raw Story piece.
Sure enough, it’s in there (PDF).
I am not a Constitutional Scholar, so I don’t know how common this is for the opinion in a case to personally call out the dissenting justices by name. I am sure it makes sense that they address the arguments made by the losing side that were ostensibly accepted by the dissenting justices but it’s one thing to say “we considered this argument but didn’t feel it had merits and here is why” and to specifically call out a fellow justice. I mean, that must get uncomfortable around the water cooler!
Is this actually common? Are there opinions where Warren E. Burger called Byron White a hack? Did William Rehnquist ever call Antonin Scalia a choad? These things are forever, right?