There is literally no rule more basic to U.S. litigation than the rule of five. The Supreme Court has nine seats. It takes a majority to decide a case. A decision joined by five or more justices is a binding interpretation of the law that controls all other court decisions. An opinion dissenting from such a decision is just someone’s views.
And yet, a pair of briefs filed Wednesday evening by a team of anti-Obamacare lawyers — including one filed by the Trump Justice Dep...