breyer's concurrence in this case is made all the more interesting because on the surface it appears that he voted quite differently in "mccreary county v. aclu of kentucky", a case which was heard and decided at the same time and seems, to the casual observer, virtually identical. however, in "van orden v. perry", breyer submitted an opinion separate from that of the court, while in "mccreary" he did not. as a result, the "van orden" case was decided by a plurality, not a majority as the other.