Editing Openai/69668f73-ea68-800d-ac56-44a64b19dae4 (section)

==== Here’s the subtlety that matters most for your model: ====

All three are uncomfortable with pleading rules that bar plaintiffs from access to facts that are asymmetrically held by defendants.

That gives them a shared instinct against tightening pleading standards too much.

But:
* Kagan is more concerned about floodgates and administrability.
* Sotomayor is more concerned about fairness and asymmetry.
* Jackson is likely very sensitive to power asymmetry and informational imbalance.

So their instincts point the same way — but their thresholds differ.

That means:
* They may align in result (deny cert),
* But not necessarily in rationale or intensity.

And that matters for whether they vote together at the cert stage.