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According to Toobin, Roberts agreed to withdraw the opinion and schedule the case for reargument. However, when he did, the "Questions Presented" to the parties were more expansive, touching on the issues Kennedy's opinion had identified. According to Toobin, the eventual result was therefore a foregone conclusion from that point on.[22] Toobin's account has been criticized for drawing conclusions unsupported by the evidence in his article.[23].
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