Another Interesting Thing About the Kirtsaeng Lineup

In addition to Jon’s observation, another noteworthy thing about Kirtsaeng is that the case was decided 6-3. But wait–the whole reason the Court took Kirtsaeng was to resolve the question the Court couldn’t reach in Costco Wholesale Corp. v. Omega, S.A., because Justice Kagan was recused and the remaining Justices were divided 4-4.

So who switched his (or her) vote? I have my guess, but obviously it is only that.

H/T: Eric White, who beat me to it.