If previous cases are a clue, most of the conservative justices will do a heavy analysis on the “consensus arguments”, as you would expect. But Justice Thomas opinion is going to be the one that “rings chimes”.
Thomas writes opinions with the expectation that others will deal with the obvious. So instead he writes theses that will impress legal scholars and make the law books, pointing out deep and abiding constitutional arguments that can stand on their own, independent of the consensus arguments.
For example, in McDonald v. Chicago, while all the focus was on arguments surrounding the 2nd Amendment, Thomas hit a huge home run with a 100 page opinion about a clause in the 14th Amendment. The “privileges or immunities” clause was actually closer to the mark of the case than was even the 2nd Amendment. However, over time it had become moribund and neglected.
With Thomas’ concurring opinion, he effectively rewrote the 2nd Amendment arguments, and revitalized the clause to be a major part of American civil rights.
He may practically write a law book for his opinion on Obamacare. He is no slouch, and deserves his reputation as one of the top jurists to ever sit on the court.
VEry good point. Anthony Kennedy’s ruling will get the attention in the short term, but Thomas will no doubt have fascinating this to say.
I really look forward to the overturning of this mostrosity.