 Kennedy has since been identified as the primary author of the opinion.In addition to writing the opinion, Kennedy also decided to include Souter, Breyer and Stevens in the majority without consulting them, initially intending the per curiam opinion to have the vote count listed as 8-1 for the Equal Protections Clause issue (though not the remedy), rather than 7-2.Stevens demanded his name be removed from the majority, which Kennedy agreed to only after Stevens pulled his name from Breyer's dissent.